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L'exomplaire  film*  fut  reproduit  grica  k  la 
gAnArosit*  da: 

MacOdrum  Library 
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conformit*  avac  las  conditions  du  contrat  da 
filmago. 

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papier  eat  imprim*e  sont  film*s  en  commenpant 
par  la  premier  plat  et  en  termmant  soit  par  la 
darni*re  page  qui  comporte  une  empreinte 
d'impression  ou  d'lllustration.  soit  par  la  second 
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originaux  sont  film*s  9n  commenpant  par  la 
premi*re  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  at  en  terminant  par 
la  derni*re  page  qui  comporte  une  telle 
empreinte. 

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darni*re  image  de  cheque  microfiche,  selon  le 
caa:  le  symbols  -^^  signifie  "A  SUIVRE"   le 
symbole  V  signifie  "FIN". 

Lea  cartaa,  planches,  tableaux,  etc.,  pauvent  *tre 
film*a  *  das  taux  de  r*duction  diff*rents. 
Lorsque  le  document  est  trop  grand  pour  *tre 
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do  I'angle  sup*rieur  gauche,  de  gauche  *  droite, 
•*  <*•  haut  en  bas,  en  prenant  le  nombre 
d'imagas  n*cessaire.  Lea  diagrammas  suivants 
illustrant  la  m*thoda. 


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2 

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4 

5 

6 

MICROCOPY    RISOIUTION    TIST   CHART 

iANSI  ontl  ISO  TEST  CHART  No    ?! 


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THE   INITIATIVE 
REFERENDUM  AND  RECALL 


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NalioMl  Municipd  U«gu«  Serk. 


CLINTON  HO«KKs\vc)onRUKF 

Citj  GoTenmtat  by  ConaiMion 

Kdited  by  Clinton  Kook*.  \Vot)i.Murr 

Tfce  laitiatire,   Rtknudtm,  .mI  Recdl 

Ediied  by  William  Hknnett  Munro 

Tke  Rcfolatioa  of  Mnicipal  UlUitiet 

Edited  by  Clvdk  I.vnw.n  Kino 
umo.    Cloih,  |i  V,  Hit 


I>.    AI'I'I..'- 

Nbw  Vc.kk 


WD  COMI'ANV 

I'ONIiUN 


! 


NATIONAL    MUNICIPAL    LEAGUE    SERIES 


THE  INITIATIVE 
REFERENDUM 
AND    RECALL 

EDITED    BV 

WILLIAM    BENNETT    MUNRO 


NEW    YORK    AND    LONDON 

D.    APPLETON    AND    COMPANY 

1912 


CorviioaT,  igit,  BY 
D.  AJ>rL£TUN  AND  CUMfANY 


PuhHuhrtl  Junr,   nit 


Printed  in  the  United  States  of  Ameriok 


mmtk 


PREFACE 


This  volume  represents  a  substantial  mntribution 
to  the  further  careful  and  thuUKhtful  <listussic»n  of  a 
widely  considered  plan  of  reform.  I'rofessor  Munro 
brings  to  his  task  as  editor  not  only  a  comprehensive 
knowledge  of  the  subject  treatetl — <lirect  legislation  as 
it  is  popularly  known — and  a  cleep  sympathy  with  the 
movement  to  correct  the  undoubtedly  and  undisputed 
evil  results  of  representative  government,  but,  what 
is  of  prime  imiK)rtancc,  a  sound  i)crsiKH:tivc  and  with- 
out local  prejudice. 

Some  of  the  chapters  in  the  volume  arc  new,  hav- 
ing been  specially  prepared  for  it.  (Others  have  l>een 
taken  from  the  substantial  list  of  papers  which  have 
been  presented  to  the  National  .uniiipat  l^af^  'e  dur- 
ing the  last  decade  of  ears  Still  ofliers,  '  tht 
of  Colonel  RtK)sevelt  and  Congressman  Mc(  I,  have 
l)een  selected  from  the  current  pcri<Klical  1-  ion  <'^ 
the  problem.  All  have  been  brought  topeth 
Munro  in  furtherance  of  the  League's  tunci 
(•|)en  forum,  to  give  both  sides  fairly,  and  ti 
results  fairly,  so  that  the  publicist  and  stude; 
form  an  enlightened  and  sound  opinion. 

Chosen  for  this  purpose,  the  articles  are  noi    He 


Mr 
^  an 
nnt 
may 


PREFACE 


haMy  wnnh  «»f  ii|;ttalor<»  or  ilrttiaK'*Kt>f*>  *M»t  the 
thniiKhtfiil  iitlrraitcc*  of  |Hihlic  tiicti  of  cx|»ricr»«e. 
whf>  apprrciafc  the  pntblcm  awl  its  cl  %ultic»  anH 
Iheir  i»\vn  rr<»|K»nsil»iliiicH  »%  lra(lrr<i. 

I  hr  Initiative  Kcfcrct»«lutn  atui  Recall  are  here, 
and  ue  arc  iii>tinnl  to  hear  more,  rather  than  le»<«.  «)f 
them  W  helhcr  they  are  to  fjecom'*  |iernianent  fea- 
ture>  f»f  our  K<>vernmctital  (  fe«kral.  >late  a"<l  muniii- 
pal )  mai  hinery.  «>r  njerely  to  affonl  the  mean<>  ()f  cor- 
rettinjf  the  ahiiHen  of  the  prenent-day  o|)eration  of 
representative  government,  is  a  qnestion  whith  i.nly 
time  will  «UMirti)ine.  This  volume  is  put  forth  aith 
the  ex|>ettation  that  it  will  alfor<l  <lehnite,  diH|);is<ii<>n- 
ate  information  and  careful,  disinterested  argument, 
so  that  the  most  may  l)e  ina<le  of  the  dem«Krati/in}j 
inlluence  of  the  reform  an«l  the  greatest  |M)s.sibie  go<)d 
devclofied  from  the  movement. 

To  all  who  have  too|K'rate«l  in  the  making  of  the 
lKM>k  the  apjireciative  thanks  of  the  I'uhhoation  I'om- 
mittec  of  the  National  Municipal  League  (William  li. 
Ilowland,  Chairman,  New  Y«»rk;  John  Ihhler,  New 
York;  Clinton  Ko>;i;ers  \\'<K)druff,  Philadelphia:  Prof. 
L.  S.  Rowe,  Philadelphia;  Richard  S.  Childs,  New 
Yofk)  are  herewith  cordially  tendered. 


VI 


CONTENTS 


nMrni 

l.-lNTiOOITttJ 


By  Ikt  FJilM 


II 
III 


Nationalism  and  rnpttAK  Ri/tK.       By  Colonel 
Tktodart  RoottvtU 


-Thk   iMiUKt  or  REroRM.     By  (lavtrmtr  Woodre/w 
\VU$OH 


IV.-TNr,   Dr.vrLopuKNT  or  Duccr   Lr.oiHLATioN   in 
Amkrica.     By  Robert  Tnal  Piiine 

K-The  Reeek^ndum  in  the  United  State*.     By 
^  fretideHl  A.  Lawreiue  Lowell     .... 


I 
ia6 


'I.  — DlBECT  LegMLATION  AS  AN  ALLY  OP  RkPBEIIKNT- 
ATIVE  (Jovernment.  By  Professor  Ijrwis 
Jerome  Johnson ij9 

V'll.— Representative  as  Against  Direct  Leoisi  ation. 

By  CoHgressmttH  Samuel  W.  McCall  164 

VIII.— A  Depence  or  Direct  Legislation.    By  Senator 

Jonathan  Bourne,  Jr 10 » 

IX.— The  Pfactical  Workings  or  the  Initiative  and 

Keperendum  in  Oregon.     By  Joseph  N.  Teal    ai; 

X.— A  Year  op  the  People's  Rule  in  Oregon.    By 

Professor  (}eor^e  U.  Haynes        .        .       ,        ,     233 


CONTENTS 

CMATtt*  MCE 

XI.— The  Unfavorable  Results  of  Direct  Legisla- 
tion IN  Oregon.     By  Frederick  V.  Holman.    279 

XII.— The  Use  of  the  Recall  in  the  United  States. 

By  Herbert  S.  Swan 298 

XIII. — The  Recall  as  a  Measure  of  Popular  Control. 

By  Thomas  A.  Davis 313 

XIV.— The  Recall  in  Los  Angeles.    By  Charles  Dwight 

Willard 321 

XV.— The  Recall  in  Seattle.    By  Fred  Wayne  Catlett  .     326 

XVI.— Sources  and  Literature 342 

Appendix 349 

INDM 3S1 


▼tn 


THE   INITIATIVE,  REFERENDUM 
AND    RECALL 


CHAPTER    I 


INTRODUCTORY 

There  lias  betii  no  more  striking  phenomenon  in 
the  development  of  American  pohtical  institutitins  dur- 
ing the  last  ten  years  than  the  rise  to  prominence  in 
public  discussion,  and  consequently  to  recognition  upon 
the  statute-book,  of  those  so-termed  newer  weapons  of 
democracy — the  initiative,  referendum  and  recall.  By 
the  initiative  is  meant  the  right  of  a  stated  percentage 
of  the  voters,  in  any  state  or  municii)ality,  to  propose 
both  constitutional  and  ordinary  laws,  and  to  require 
that,  if  these  be  not  enacted  forthwith  by  the  state  or 
municipal  legislature,  they  shall  be  submitted  for  rati- 
fication to  the  whole  body  of  voters.  By  the  referen- 
dum is  meant  the  right  of  a  stated  percentage  of  the 
voters  to  demand  that  measures  passed  by  the  ordinary 
lawmaking  bodies  of  the  state  i>r  municipality  shall 
be  submitted  to  the  whole  body  of  voters  for  accept- 
ance or  rejection.  By  the  recall  is  meant  the  right  of 
the  electors  in  any  state  or  municipality  to  end  by  an 
adverse  vote  the  term  of  any  elective  officer  before  the 


>(    • 


V 


THE   INITIATIVE,   REFERENDUM    AND    RECALL 


I 


U 

I     i 

r.  t 

i! 


expiration  of  the  iwriod  for  which  he  was  elected. 
However  opinions  may  dififer  concerning  the  inherent 
merits  and  defects  of  these  agencies  of  popular  gov- 
ernment, or  concerning  their  compatibility  with  a 
sound  representative  system,  it  is  at  all  events  not  to 
be  denied  that  they  have  gained,  during  '^ccent  years, 
a  remarkable  hold  upon  the  confidence  oi  a  large 
and  apparently  growing  portion  of  the  American 
electorate. 

VoT  this  growth  in  popularity  a  twofold  reason 
may  be  assigned.  On  the  one  hand  it  is  a  logical  by- 
product of  a  declining  popular  trust  in  the  judgment 
and  integrity  of  elective  legislators.  The  calibre  of 
the  representative  body,  whether  in  state  or  city,  is 
not  what  it  used  to  be,  and  of  liis  deterioration  public 
opinion  has  taken  due  cognizance.  Whatever  the 
reasons  therefor,  and  they  are  probably  too  complex  to 
warrant  easy  generalization,  the  symptoms  of  legisla- 
tive degeneracy  have  grown  too  plain  to  be  disre- 
garded. Resort  has  accordingly  been  had  to  the  most 
)  superficial  of  prudential  measures,  which  is  to  take 
I  away  from  the  wicked  and  slothful  servant  even  that 
which  he  hath.  For  maladministration  in  a  democracy 
the  electorate  never  regardTilselTTo  blame;  the  demos 
postulates  its  own  infallibility.  Hence  it  has  sought  to 
remedy  the  evils  which  seem  to  result  from  an  unsatis- 
factory representative  personnel,  not  by  the  adoption  of 
measures  designed  to  secure  an  improved  grade  of 
j officeholders,  but  by  reducing  the  final  powers  which 
the  officeholders  may  exercise.     In  other  words,  the 


INTRODUCTORY 


growth  in  popularity  of  direct  legislation  evinces  ap 
public  disposition  to  revoke  the  trust  rather  than  toll 
change  the  trustees. 

In  the  second  place,  the  representatives  of  the  people 
have  themselves  shown  readiness  to  aid  the  movement. 
.\merican  legislative  bodies  do  their  work  under  seri- 
ous handicaps  arising  from  the  lack  of  efficient 
leadership  and  from  the  division  of  power  and 
responsibility  which  is  inherent  in  the  system  under 
which  they  are  expected  to  perform  their  functions. 
Thoughtful  men,  alike  in  the  state  legislatures  and  in 
the  large  city  councils  of  most  American  cities,  have 
come  to  realize  that  efficient  legislation  requires  both 
leader^iil^  and  Jhe_-£ejittali>zation.  of  jrespcmsibility; 
American  legislative  bodies  have  possessed  neither.  In 
the  absence  of  these  features,  sinister  influences  comej 
into  full  play  upon  the  floors  of  legislative  chambers.! 
Representatives  find  that  they  can  take  sides  on  many 
questions  of  policy  only  by  placing  themselves  in  such 
position  that  they  are  bound  to  antagonize  some  power- 
ful organized  interest,  no  matter  which  side  they  may 
take,  so  that  to  turn  the  whole  matter  over  to  the  issue 
of  a  popular  ♦•eferendum  constitutes  for  them  the  line 
of  least  resistance.  The  referendum  in  particular  has 
thus  become  the  Torres  Vedras  of  the  legislator  whose 
first  care  is  for  his  own  political  future.  The  practice 
of  passing  bills  to  enactment  "with  the  referendum 
attached,"  has  become  common  in  many  states  during 
recent  years,  and  measures  for  which  the  legislature 
is  not  ready  to  take  full  i  sponsibility  are  being  more 

3 


THE   INITIATIVE.   REFERENDUM   AND    RECALL 


and  more  readily  turned  over  to  the  electorate  for 
acceptance  or  rejection.  At  first  an  exceptional  pro- 
cedure, this  practice  has  shown  a  tendency  to  seek  rec- 
ognition as  a  normal  method  of  lawmaking;  the  legis- 
latures have  taught  the  voters  to  exfiect  that  thoy 
shall  Jje  freely  called  upon,  not  only  to  select  representa- 
tives, but  to  give  a  direct  decision  upon  issues  of  policy. 
Hence  apjjcar  the  two  outstanding  reasons  for  tht 
recent  development  of  direct  legislation  in  Ameri- 
can state  and  municipal  government.  A  declining 
public  confidence  in  the  efBciency  and  integrity  of  legis- 
lators, and  a  readiness  on  the  part  of  rqiresentatives 
to  place  upon  the  shoulders  of  the  voters  a  responsi- 
bility which  ought  properly  to  remain  upon  their  own ; 
these  two  tendencies  have  combined  to  give  direct 
I  legislation  its  growing  vogue. 

Notwithstanding  a  current  impression  to  the  con- 
trary, direct  legislation  is  not  new  either  in  principle 
or  in  practice.  The  initiative  and  the  referendum  are 
new  names  for  very  old  institutions.  All  ancient 
democracy  was  direct  democracy;  and  so  far  as  there 
was  legislation  in  early  democracies,  it  was  direct  legis- 
lation. The  government  of  the  primitive  Saxons,  if  it 
may  be  called  a  government,  was  vested  in  the  hands 
of  a  popular  assembly,  composed  of  all  the  adult  tribes- 
men, and  this  assembly  exercised  directly,  without  the 
interposition  of  any  representative  body,  the  whole 
civil  and  military  authority.  In  Switzerland,  where 
alone  among  the  lands  of  Europe  the  great  centripetal 
influence  of  monarchical  absolution  did  not  make  itself 


INTRODUCTORY 

Strongly  felt  through  the  Middle  Ages,  systems  of 
direct  popular  government  came  early  inl.)  existence 
and  remained  until  modern  times.  I^ven  in  America 
the  initiative  and  the  referendum  ari'  among  the  oldest 
of  native  institutions:  they  may  properly  be  called 
indigenous,  for  these  agencies  of  jxjpular  government 
were  not  hor  wed  hy  the  American  people  fvon;  any- 
where outside  their  own  land.  They  were  brought  into 
being  upcm  this  side  of  the  Atlantic  to  meet  the  special 
problems  .voich  a  new  government  had  to  face.  Mas- 
sachusetts submitted  her  first  constitution  to  a  popular 
referendum  in  1778,  and  again,  this  time  with  a  favor- 
able response,  in  '.he  lollowing  year.  As  a  means  of 
ascertaining  the  will  of  the  voters  upon  constitutional 
([uestions,  the  expedient  quickly  found  favor  in  other 
states,  and  the  use  of  the  referendum  as  the  ordinary 
method  of  enacting  organic  laws  in  time  became  gen- 
eral.* TIx  initiative,  likewise,  obtained  recognition  in 
principle,  at  any  rate,  when  the  first  constitution  of 
Georgia  in  1777  gave  to  the  people  the  exclusive  right 
of  proposing  changes  in  that  document.  Other  eight- 
eenth-ce  itury  constitutions,  notably  those  of  Massa- 
chusetts, Pennsylvania  and  New  Hampshire,  reserved 
to  the  people,  not  the  right  to  initiate  legislation,  but 
what  amounted  to    '  least  a  per.iissive  initiative — the 


>  Not  yet  entirely  sc,  however,  for  during  the  last  twenty  years 
four  state  constitutions  have  gone  into  force  without  popular  approv- 
al namely,  those  of  South  Carolina  (1895).  Delaware  (1897),  Louisiana 
(1898)  pnd  Virginia  (1902). 

S 


THE  INITIATIVE,   REFERENDUM   AND   RECALL 


Ffl 


right  "  to  give  instructions  to  their  representatives  "  in 
the  legislatun 

The  use  of  the  referenchim  in  the  process  of  )rtli- 
nary,  as  distinguished  from  constitutional  lawmaking, 
began  in  Xmerica  a  half-century  later.  The  legislature 
of  Maryland,  in  1825,  referred  to  the  i)eople  of  that 
state  the  question  of  establishing  free  primary  schools, 
and  stipulated  that  the  law  should  go  into  effect  only  in 
such  counties  as  might  pronounce  i'.i  the  aftirmative. 
Other  state  legislatures  followed  the  same  procedure 
in  cases  where  the  issue  did  not  seem  to  be  readily 
determinable  otherwise,  and  in  due  course  provisions 
began  to  be  inserted  in  state  constitutions  requiring 
that  all  ordinary  laws  affecting  certain  matters  sho'ild 
be  submitted,  before  final  enactment,  to  the  i)eople  of 
the  entire  state  or  the  voters  of  the  counties  or  munici- 
palities affected.  Typical  examples  of  matters  upon 
which  some  constitutions  have  made  the  referendum  an 
essential  preliminary  to  enactment  are  changes  in  the 
suffrage  laws,  alterations  in  the  state  boundaries, 
changes  in  the  location  of  the  state  capital  or  of  the 
various  state  institutions,  measures  pledging  the  credit 
of  the  state  or  giving  state  aid  to  private  enterprises, 
and  modifications  in  the  laws  relating  to  state  taxa- 
tion. 

But  the  practice  of  referring  matters  to  a  popular 
referendum  has  made  its  most  steady  progress  in  the 
realm  of  local  government.  The  wide  variety  of 
interests  which  often  appeared  to  be  affected  by  general 
legislative  measures  relating  to  local  administration. 

6 


INTRODUClORY 


ami  the  seeniinp  impossibility  of  providing  state-wide 
rules  which  would  serve  the  needs  and  desires  of  all 
the  municipalities,  large  and  sni.ill,  soon  led  the  state 
legislatures  to  the  practice  of  entrusting  such  matters 
to  the  decision  of  the  localities  themselves.  The  regu- 
lation or  prohibition  of  the  traffic  of  intoxicants  was 
j)erhaps  the  most  prominent  of  the  matters  within  this 
category,  and  it  is  a  (piestion  ui)on  which  there  have 
I)eeij  more  popular  referenda  in  American  municipali- 
ties than  can  easily  be  counted.  Indeed  it  has  come  to 
pass  that,  in  some  .ates  of  the  Union,  the  cities  and 
towns  look  uixni  the  privilege  of  deciding  this  cpiestion 
at  an  animal  referendum  as  a  sort  of  inalienable  rij,ht 
of  the  community.  So,  likewise,  such  matters  as  the 
adoption  of  a  new  city  charter,  or  the  adoption  of 
amendments  to  an  existing  charter,  the  alteration  of 
municipal  boundaries,  the  issue  of  municipal  bonds, 
and  the  granting  of  long-term  franchises  to  public 
service  corporations,  are  all  matters  upon  which  the 
voters  of  cities  and  towns  have  frequently  been  called 
upon  to  pass  judgment  at  the  polls.  Sometimes  the 
constitution  of  the  state  requires  submission  of  such 
matters;  at  other  times  the  requirement  is  statutory 
only;  and  in  still  other  instances  the  referendum  is 
ordered  by  the  authorities  of  the  municipality  itself. 
To  the  practice  o^  submitting  matters  to  the  voters  of 
a  municipality,  or  to  any  portion  of  the  whole  body  of 
state  voters,  there  is  no  serious  constitutional  objection. 
But  the  state-wide  referendum,  that  is  to  say,  the  sub- 
mission by  the  leg't,!ature  of  a  measure  to  the  voters 

7 


TIIF  INITIATIVf-.   KF.FRRENDUM    AND   RECALL 


of  the  entire  state  for  final  atluptiun  or  rejection  by 
them,  meets  the  object  ion  that  snch  reference  consti- 
tutes a  delegation  of  legislative  ixiwer.  And  in  the 
absence  of  s|)ecific  constitntional  |)erniission,  such  dele- 
gation has  usually  U-en  held  by  the  C(»urts  to  Ik-  iilint 
z-ircs  <»f  the  legislature.  It  has  been  urned  als.i  that 
states  which  adopt  the  mandatory  initiative  and  refer- 
eiuluni  thereby  contra v(  ,v  that  pr<»vision  of  the  L'nited 
States  constitution  which  miarantccs  to  every  state  in 
the  Union  "a  .epublican  form  of  goverumeiU."  lUit 
this  idea  has  not  as  yet  fouud  supixjrt  in  any  judicial 
decision. 

While  the  two  ajjencies  of  direct  legislation — tlie 
initiative  and  the  referendum — are  logically  related  and 
supplement  each  other,  tlie  latter  can  exist  and  serve 
many  of  its  professed  ends  without  the  former.  And 
as  a  matter  of  fact  the  referendum  moved  along  during 
the  greater  part  of  the  nineteenth  century  uuder  its 
own  steam.  The  principle  of  the  initiative,  which  is 
that  a  stated  i)ercentage  of  the  voters  of  a  state  or 
municipality  shall  have  the  right  to  propose  a  measure 
and  to  require  that  such  measure  be  submitted  to  the 
l>eople  for  their  adojnion,  was  given  recognition  at  a 
very  early  date  in  American  political  history.  But  its 
progress  for  a  full  century  w  as  slow,  much  slower  than 
that  of  the  referendum.  Where  it  did  appear  in  the 
constitution  or  the  laws,  it  was  rarely  brought  into 
operation  unless  it  happened  to  be  the  only  way  in 
which  legislation  relating  to  certain  matters  could  be 
brought  forward.     Not  infretiuently  the  initiative  did 

8 


INTRODUCTORY 


provide  tliv  only  way.    When,  for  example,  a  state  con- 
stitution iiiliihited  the  lefjislaturc   from  enacting^    sny 
s|»t'cial  Icj^islation  for  individual  cities,  how  could  the 
siK-cial  needs  of  a  particular  city  Ijc  provided  for?   The 
natural  way  is,  of  course,  to  let  the  citizens  of  a  particu- 
lar niunici|«ility  set  forth  their  own  tlemands  by  a  |)eti- 
tion,  which  is,  in  other  words,  to  exercise  the  initiative 
in  legislation.    Constitutional  provisions  which  forbid 
the  legislature  from  enacting  laws  of  this,  that,  or  the 
other  sort,  have  Iktouic  steadily  more  numerous  during 
the  last  (|uartcr  of  a  century,  and  their  increase  in  num- 
ber has  j^iven  a  powerful  imi^etus  to  the  spread  of  direct 
logislati(ni.     South  Dakota  was  the  first  state  to  adopt 
the    initiative    and    refercn<lum    as    normal    agencies 
wherewith  the  electors  of  the  state  might  directly  con- 
trol the  making  of  all  ordinary  laws,  for  an  amend- 
ment to  the  South  Dakota  consti'Mtion,  made  in  1898, 
I»ermittcd  the  initiative  to  be  exercised  and  the  referen- 
dum to  lie  invoked  by  five  per   cent,    of   the    voters. 
Other  states  which  have  incorporated  similar  provisions 
in  their  constitutions  during  the  last  ten  years  are: 
I'tah.  in  k^oo;  Oregon,  in  1902;  Nevada,  in  1904;' 
Montana,  in    1906;  Oklahoma,  in    1907;   Maine,  in 
1908;  Missouri,  in  1909;  Arkansas  and  Colorado,  in 
1910;  Arizona  and  California,  in    1911;  and   New 
Mexico  (referendum  only),  in  the  same  year. 

The  provisions  relating  to  direct  legislation  in  these 

•Nevada  in  1904  made  provision  for  the  referendum  only;  but  an 
amtndnunt  providing  lx)th  for  the  initiative  and  the  recall  is  now 
being  submitted  to  the  voters. 

2  9 


THE  INITIATIVE,  REFERENDUM   AND   RECALL 

various  states  are  alike  in  fumlamcntnls,  httt  «lifTcr  in 
tmtiy  im|K>rtant  details.     In  all  «)f  ilu-m  the  refiniuluin 
is  ol»Iij;atory  as  a  mctlxHl  of  ailoptiujf  coii>titutional 
aineiuliuents,  hut  in  two  (»f  them.  Motitana  anci  Maine, 
fonstitutional  anuiKlnuMits  are  exihule«l  from  the  sonie 
of  the  initiative:  that  is  to  say.  the  voters  of  these  two 
states  are  allowed  to  pass  n|H»n  all  |>r(»|M)sctl  chajiges  in 
the  organic  laws,  hut  arc  not  |H'rmitte»l  to  do  the  pro- 
jMisinj;.     In  the  matter  of  ordinary  laws,  moreover, 
there  are  various  limitations  u\h>\\  the  sco|)e  of  (Urect 
Uj^'islation.    A  common  proviso  is  that  which  excludes 
from  the  ojn-ratiotis  ot  the  initiative  ami  referendum 
all  measures  which  carry  appropriations  for  the  curretit 
exjK'nses  of  state  government,  or  for  the  maintenance 
of  state  institutions.    The  constitutions  of  Maine.  Mis- 
souri, Montana  and  South  Dakota  contain  this  restric- 
tion.    Another  limitation,  which  exists  in  practically 
all  the  states  which  have  adopted  the  initiative  and 
referendum,  is  that  which  exempts  from  their  scoi)e 
all   emergency   measures,    that    is.   laws   which   seem 
urgently  necessary  in  the  interest  of  the  puhlic  peace 
or  for  the  preservation  of  the  puhlic  health.    As  a  pre- 
caution a>;ainst  the  ahuse  of  tliis  rijj^ht  of  the  legisla- 
ture to  act  freely  and  finally    in    emergencies,    it    is 
usually  provided  that  measures  passed  under  this  pro- 
viso must  have  ohtained  a  two-thirds  majority  in  each 
hranch    of    the    legislature.     But  lest  this  safeguard 
should  not  prove  ade(iuate.  the  constitutional  provisions 
in  some  cases  go  further  and  expressly  declare  that 
certain  classes  of  measures  may  not  in  any  case  be 

10 


INTRODUCTORY 


(Icrtnivl  » iiuTj.^ency  law*.  Anionjj  measures  m  enumer- 
ated, arc  statutes  grant iii^  franchises  for  a  li»nj»er  term 
than  a  single  year.  leKislatiun  authorizing  the  purchase 
or  sale  t)f  lamls,  a»nl  laws  changing  the  charters  uf 
innniciiwlities  withotit  a  Imal  referendum. 

In  the  njachinery  of  direct  legislation  there  are  alvj 
siune  marked   variations.     The  percentage  «)f  voters 
re(|uired    for  putting  the  initiative  into  o|)eratiofi   is 
eight  iier  cent,   in  sotne  states  and  five  per  cent,   in 
others.'     Oklahoma  recjuires  fifteen  per  cent,   'n  the 
case  of  constitutional  amendments,  hut  only  eight  jK-r 
cent,  in  the  case  of  ordinary  statutes,    (knerally  siR'ak- 
ing,  the  same  c|uota  of  voters  may  demand  a  refcn-n- 
dum  ui»on  any  measure  passe<l  hy  the  legislature.    Like- 
wise the  pHK-edure  difTers  from  state  to  state  in  such 
matters  as   the   Ixisis  u|K)n   which   this  |)ercentage   is 
calculated,  the  methods  of  verifying  signatures  to  i)eti- 
tions.  the  time  and  place  of  filing  petitions,  and  the 
arrangctnents    for   giving  due   puhlicity   to   measures 
proiK)sed.     In  the  last-named  matter,  most  of  the  states 
which  have  adopted  the  system  of  direct  legislation 
arrange  for  printing  and  distributing,  at  the  public  ex- 
I)ense.  full  texts  of  all  measures  which  go  l)efore  the 
I'eople.     Some  of  them  have  the  additional  provision 
that  arguments  />ro  and  con  shall,  under  suitable  limi- 
tations, be  published  and  sent  broadcast  at  the  cost  of 
the  state  exchequer.     In  South  Dakota  referetida  may 
take  place  only  at  a  regular  election,  but  in  the  other 


>  In  Maiae  the  rcquircmciu  is  »ot  a  percentage  but  12,000  voters. 

II 


THK   INITIATIVK.   RF.rKRENDUM    AND   RECALL 

Matcn  HjKroial  elections  may  \»  «»i(lcrftl.  Ordinarily 
a  nu'aHuri'  may  Ih"  ri-Hul>mitfe«l  as  often  a*  the  re<|uire<l 
ntiml)er  of  |K'titioners  can  la-  found  to  demand  it;  the 
Oklahoma  constitution  is  the  only  one  which  afford* 
any  adequate  saff^tiard  a|;ainst  aluises  arising  from 
the  frequent  re-suhmissitm  of  defeated  prof osah.  A 
measure  rejected  I»y  the  voters  of  that  state  may  not 
l>e  aK'ain  referred  tu  them  within  three  years,  save  on 
jwtition  of  twenty-five  <r  cent,  of  the  votera— a  prac- 
tical im|)«)ssil)i]ity. 

The  state  of  Illinois  has  adopted  a  system  which  is 
intended  to  secure  the  advantages  of  direct  legislation 
while  prefer'  inj,'  the  actual  lawmaking;  functions  (jf 
the  Iej^'i>ilature.  Measures  may  l)e  initiate<l  by  |K>pular 
petition,  and  when  so  originated,  go  to  the  voters  at 
the  jjolls.  Hut  acceptance  at  the  jKills  does  not.  as  in 
the  other  states,  enact  the  measures  into  law.  The 
j.ction  tif  the  voters  is  merely  advisory  in  effect,  and 
ojK'rates  as  an  instruction  to  the  legislature,  which 
alone  retains  the  fM»wer  of  actual  enactment.  The 
laws  of  Texas,  again,  provide  for  initiative  and  refer- 
cmium  as  agencies  for  framing  jiarty  ixjlicy.  A  speci- 
fied iuimlH.'r  of  voters  (ten  |xt  cent.)  in  any  |)olitical 
imrty  may  propose  planks  for  the  jwrty  platform  and 
may  secure  a  pir^y  vole  thereon.  Tf?  opinion  of  the 
party  adherents,  as  thus  expressed,  l)ecomes  an  instruc- 
tion to  all  party  conventions,  committees  and  officials. 

I5ut,  as  has  been  already  stated,  the  greatest  develop- 
ment of  direct  legislation  has  taken  place  in  the  field 
of  nuniicipal  government.     Here  it  has  gone  hand  in 


'  ^*.»»fT,   '^ 


INTRontCTORV 


hanr!  with  tht  m»>vemrnt  f»»r  simptifyitif;  miinici|ial 
niachitirry  and  for  (UiMin|(  fKirty  orK>»H/:tti'>nH  front 
that  (litniinating  place  in  iiy  Koverimiciit  which  they 
have  Innj;  maintainnl.  The  spreatl  of  the  colnlni'«^io^ 
type  of  municiiKil  administration  han  ^ivcn  the  initia- 
tive and  referemlum  much  of  their  presciit-«lay  vojjur 
in  new  city  charterji.  To  tic  more  accurate,  one  should 
«ay  that  each  movement  ha.i  siipplcmentefl  and  hii|ied 
the  other.  A  syst^'m  of  city  jfovernme«'  ''v  a  single 
conimi»«ion  of  five  men  woiiKl  doubtle««  *  apjieared 
to  possess  great  possibilities  of  d.  .  and  would 
hardly  have  reached  its  present  de^,  e  of  ]M*pulai 
ity  had  not  the  sfKmsors  of  the  plan  put  f«»r\vard 
schemes  of  direct  legislation  as  a  means  of  replacing 
the  old  checks  and  kilanccs  which  the  adoption  of  tin* 
commission  system  eliminates.  It  is  true  that  the  cities 
which  first  adopted  the  commission  plan,  (lalveston, 
Houston  and  other  Texan  mtmicipalitics,  did  not  give 
the  i'itiative,  the  referendum,  or  even  the  recall  a 
place  m  their  new  charters.  They  placed  their  full 
faith  and  credit  in  the  representative  tyjic  of  local 
democracy.  That  is  one  reason  why  northern  cities 
first  looked  askance  at  the  Texas  ex|)erimctit.  The 
Dcs  Moines  plan,  which  is  the  Texas  system  plus  pro- 
visions for  direct  legislation  and  non-partisan  nomina- 
tions, appealed  more  readily  to  public  confidence. 
Government  by  commission  has  secured  adoption  in 
t)ver  two  hundred  American  cities  Of  this  numl>er 
the  great  majority  (that  is  to  sa} .  ii  ic^.  •  -'1  except 
some  of  the  cities  of  Texas)  have    iioK^or.jjrH  [■^  their 

13 


Tin-    INITIATIVE,   REFKREXDUM    AND    RECALL 

new  comniissioii  charters  some  sort  of  provision   for 
the  initiative  or  referemUtin. 

As  J!!  the  state  constitutions,  the  city  charter  pro- 
visions relatin.i;  to  direct  lej^ishitioii  are  alike  in  prin- 
ciple and  varying  as  to  details.     SiH-akinj;  broadly,  the 
voters  of  the  city  have  the  right,  hy  presenting  peti- 
tions hearing  a  prescribed  number  of  signatures,  to 
propose  any  municii)al  ordinance  or  other  local  meas- 
ure.    The    percentage    of    signatures  re(iuired  is.  of 
course,  higher  than  that  demanded  in  state  affairs:  it 
ranges   from  fifteen  to  twenty-five  per  cent.*     Such 
proposals  go  before  the  whole  city  electorate  at  the 
next  regular  polling,  provided  the  date  of  such  polling 
be  not  mere  than  a    few    months    away;    otherwise 
special  elections  may  be  held.     Similarly  the  charters 
usually  provide   that   no  ordinance   or   order  of  tlie 
municipal  <  ouncil  (or  commission)  shall  go  into  force 
for  a  certain  numl)er  of  days,  during  wiiich  interval 
petitions  asking  that  the  ordinance  be  referred  to  the 
voters  may  be  presented.     If  such  petitions  bear  the 
rc(|uircd  number  of  signatures,  the  ordinance  can  go 
into  effect  only  on  acceptance  at  the  polls;  if  valid  peti- 
tions be  not  presented  within  the  interval,  the  ordinance 
goes  into  effect. 

Both  in  state  and  city  governments  the  machinery 
of  direct  legislation  has  been  frequently  set  in  motion 
during  the  last  half-dozen  years.     In  Oregon  the  sys- 

'  A  table  showing  the  exact  percentages  in  all  commission-gov- 
erned cities  may  be  found  in  E.  S.  Bradford's  "Commission  Govern- 
ment in  American  Cities"  (New  York,  1911),  223-233. 

14 


'UiflP  ,  ■JMl'WWPB' 


IN'TRODUCTORY 

teni  has  been  put  to  ati  extensive  and  increasing  use 
at  every  state  election  since  its  incorporation  in  tlie 
constitution  ten  years  as:o.  At  the  election  of  1910  no 
fewer  than  thirty-two  projects  of  le},Mslation  were  suh- 
luitted  to  the  voters  (jf  the  state,'  and  Jhere  are  in<Ii- 
cations  that  the  ballots  of  191 2  will  have  also  made 
free  use  of  the  system  or  (juite  enough,  at  any  rate,  to 
demonstrate  that  where  provisions  for  direct  legisla- 
tion go  on  the  statute-book  they  are  not  at  all  likely 
to  remain  inactive. 

No  (|uestion  of  present-day  political  discussion 
affords  grounds  for  wider,  yet  thoroughly  sincere,  dif- 
ferences of  opinion  than  the  relative  merits  and  de- 
fects of  direct  as  contrasted  with  representative 
legislation.  Men  ditier  honestly,  not  only  as  to 
the  soundness  of  the  principles  upon  which  the  initia- 
tive and  referendum  are  based,  but  also  as  to  the 
immediate  and  ultimate  effects  of  their  actual  use. 
One  reason  for  this  can  l)e  found,  perhaps,  in  the  fact 
that  the  propaganda  for  direct  legislation  embodies  not 
only  a  policy  but  a  protest,  and  upon  the  necessity 
for  any  protest  of  such  violence  against  the  existing 
system  there  is  an  added  opportunity  for  divergence 
in  opinion.  Proposals  for  the  establishment  of  the 
mandatory  initiative  and  referendum  have  derived 
much  of  their  impetus  and  support,  not  from  a  popu- 
lar conviction  that  they  promise  a  wholly  satisfactory 


'These  are  printed  in  C.  A.  Beard  and  B.  E.  Schultz's  "Docu- 
ments on  the  Initiative,  Referendum  and  Recall"  (New  York,  1912), 
385-389. 


15 


THE   INITIATIVE.   KEFEREXDUM   AND    RECALL 

method  of  lawmaking,  but  from  a  widespread  impres- 
^  sion  that  only  through  these  agencies  can  some  present- 
day  legislative  abuses  be  eradicated.  American  public 
opinion  has  grown  more  vigorous,  more  active,  and 
more  intelligent  during  the  last  decade.  At  no  time 
in  our  history,  indeed,  has  it  been  more  adequately 
informed  upon  great  political,  economic  and  social 
questions,  for  in  no  previous  period  have  the  agencies 
of  popular  information  been  so  ample.  Being  in- 
formed, public  opinion  has  bee  me  eager  to  assert 
itself  in  legislative  policy,  and  it  would  doubtless  be 
content  to  do  this  through  the  orthodox  channels  of 
representative  government  if  this  seemed  wholly  feas- 
ible. But  a  large  section  of  the  electorate  has  come 
to  the  conclusion  that  these  channels  do  not  afiford 
adequate  facilities  for  the  assertion  of  popular 
sovereignty.  Nor  is  this  conviction  confined  to  any 
loose-thinking  element  among  the  voters.  When  one 
of  the  most  observant  among  contemporary  stu- 
dents of  American  political  currents  can  express  the 
conclusion  that  "  public  opinion  was  never  more  help- 
less to  obtain  its  purposes  by  ordinary  and  stated 
means,"'  it  can  scarcely  be  urged  that  the  old  ma- 
chinery of  democracy  is  fulfilling  its  professed  ends  to 
the  satisfaction  of  all. 

Popular  distrust  of  the  present  system  of  law- 
making is  tmdeniably  widespread  and  deep.  But  it  is 
not  based  upon  the  idea  that  the  representatives  of 


«  See  below  p.  74. 
j6 


INTRODUCTORY 


♦he  people  are  iticottipetent  to  do  their  duty.  Rather 
it  arises  from  tlic  notion  that  they  arc  prevented  from 
doing  it.  And  these  preventing  intluences.  in  the  popu- 
lar mind,  are  various  organized  interests — political 
machines  and  economic  coriM)rations — whose  wishes 
do  not  usually  run  parallel  to  those  of  the  electorate. 
To  be  logical  the  protest  ought  to  be  directed  against 
the  practice  of  sending  to  the  legislature  and  to  the 
municipal  councils  men  of  insufficient  integrity  who 
allow  themselves  to  be  controlled  by  sinister  influences. 
But  public  opinion  is  not  inclined  to  l)e  logical  in  the 
protests  which  it  makes.  Whatever  the  flaws  of  repre- 
sentative democracy,  the  people  are  loth  to  put  the 
blame  therefor  ujxDn  their  own  shoulders.  The  voters 
will  change  the  system,  but  not  their  own  ways. 

Grounds   for  |x)pular  protest  against   the  control 
of  representative  bodies  by  self-seeking  interests  there 
are,  of  course,  in  plenty.     Conditions  that  have  long 
existed  and  still  e.xist  in  at  least  a  dozen  states  and  in 
scfic     of  municipalities  aflford  abundant    proof  that 
whether  or  not  the  voters  get  what  is  advisable  for 
them  to  have  in  the  matter  of  legislation,  they  certainly 
do  not  alwpys  get  what  the  majority  of  them  want. 
And  under  the  representative  system,  as  it  has  been 
administered  in  most  parts  of  the  country,  it  would  be 
strange  to  find  things  otherwise.     When  representa-. 
lives  are  nominated  in  party  conventions  dominated  byl. 
[wlitical  bosses  and  elected  by  a  balloi  which  embodies:] 
every  feature  that  ingenuity  could  devise  for  befog- j/ 
ging  the  voter ;  when  these  representatives  are  set  to  j 

17 


THE   INITIATIVE.    REFERENDUM    AND    RECALL 

perform   their    fiiiictiotis  of  legislation   under  a   sys- 
tem  which   ehininates  all   possibility   of  firm  leader- 
ship and  presents  every  facility  for  shifting  responsi- 
!  bilities,  it  is  idle  to  exi)ect  that  the  slatute-book  will 
I  be  a  mirror  of  public  opinion. 

Somewhat  curiously,  however,  it  is  only  within 
very  recent  years  that  any  serious  attempts  have  been 
made  to  clear  the  representative  system  of  these  im- 
pediments to  its  proper  workinjr  by  the  introduction 
of  such  features  as  direct  nominations,  the  short  bal- 
lot, and  improved  methods  of  procedure  in  legislative 
bodies.  I'or  a  lonj^  lime  remedial  measures  took  lines 
which  weie  not,  and  could  not  be  productive  of  marked 
improvement.  Popular  distrust  of  representatives 
manifested  itself  first  of  all,  for  example,  in  the  prac- 
tice of  curbing  legislative  freedom.  Whenever  state 
constitutions  were  revised,  new  limitations  upon  legis- 
lative discretion  were  inserted  until  one  could  almost 
say  that  in  some  states  the  constitutional  convention 
(with  its  work  subject  to  po[)ular  ratification)  has  be- 
come the  medium  of  all  fundamental  legislation,  while 
the  state  legislature  is  relegated  to  the  function  of  pro- 
viding for  odds  and  ends  during  the  years  intervening 
between  periodical  revisions  of  the  constitution.* 
Whenever,  through  rise  of  new  conditions,  a  state 
legislature  develops  a  new  field  of  discretionary  action, 
the  next  constitutional  convention  is  quite  apt  to  put 
a  hamper  upon  such  legislative  freedom  by  defining 

'  J.  Q.  Dealey,  "General  Tendencies  in  State  Constitutions  "  in 
American  Political  Science  Review,  February,  1907,  pp.  200-212. 

X8 


It       wi 


INTRODUCTORY 


the  principles  upoii  which  the  new  conditions  shall  be 
met.  Some  stale  constitutions  prescribe  that  the  legis- 
Inture  shall  tueet  only  in  alternate  years,  and  some 
place  a  limit  u|K)n  the  i.umber  of  days  it  may  continue 
in  session — constitutional  provisions  which  seem  to 
take  for  granted  that  the  activity  of  legislatures  is  a 
soinewiiat  necessary  evil  that  ought  not  to  be  borne 
beyond  a  certain  point.  None  of  these  measures  is  in 
the  direction  of  improving  the  calibre  of  legislators — 
none  of  them  aims  to  facilitate  the  work  of  legisla- 
tures. All  of  them  arc  based  uix)n  the  strange  notion 
that  the  work  of  a  representative  body  can  be  improved 
by  curtailing  its  freedom,  and,  pari  passu,  its  responsi- 
bility. The  most  effective  way  to  degrade  any  ofHcial  I 
ihamber  and  to  make  service  in  it  unworthy  of  sul)- 
stantial  men  in  the  community  is  to  take  away  its 
capacity  for  becoming  a  public  nuisance  if  it  chooses 
to  be  such.  AJx>dy  which  can  do  no  harm  can,  by 
the  same  token,  do  little  good,  and  public  opinion  will 
not  be  long  in  discovering  the  fact.  Constitutional 
hampers  upon  legislative  discretion  have  availed,  for 
the  most  part,  only  to  Icnver  the  calibre  of  men  elected 
to  lawmaking  bodies. 

Following  abortive  attempts  to  .secure  any  marked 
improvement  in  the  quality  of  legislation  by  refluring 
legislatures  to  the  plane  of  ordinance-making  bodies 
and  by  giving  the  real  legislative  power  to  periodic 
o);,stituiional  conventions,  there  have  been  efforts, 
rather  half-hearted,  however,  to  improve  the  methods 
under  which  representatives  are  selected.     The  direct 

>9 


TilK   INITIATIVE,   REFERENDUM   AND   RECALL 

primary  laws  adopted  in  a  dozen  or  more  of  the  states 
and  applied   to   scores  of  cities  durinjr  tlie  last    few 
years,  the  removal  of  party  desij^rn..,ti.,iis  from  the  bal- 
lot, preferential  votinjij.  corrupt  practices  laws,  the  re- 
(luction    of    the   municipal    council    in    size    and    the 
increase  of  its  powers— all  these  are  measures  which 
aim   directly  at  securiuj;  better   representatives,  and 
which,  if  j^'iven  adcipiate  opiwrtunity.  will  almost  cer- 
tainly accfmiplish  nuich  in  that  direction.     The  recent 
exix'rience  of  states  and  municipalities  seems  to  war- 
rant the  hoi)e  that  most  of  the  existing  [xilitical  ail- 
ments can  be  eradicated  by  si)ecific  remedies  directed 
straij(ht  against  the  local  seat  of  trouble.     But  this 
process  takes  time  and  re(|uires  a  patience  which  public 
opinion  does  not  seem  ready  to  exercise.     The  direct 
legislation  propaganda  is  an  evidence  of  popular  impa- 
tience with  the  slow,  but  reasonably  sure  working  of 
specific  reforms. 

The  first  argument  in  favor  of  direct  legislation 
rests,  accordingly.  uiH)n  the  allegation  that  existing 
legislative  methods  and  results  are  unsatisfactory  to 
the  majority  of  the  electorate;  that  representatives  do 
not  properly  represent;  and  that  the  reforms  under- 
taken hitherto  have  not  changed  and  arc  not  likely  to 
change  that  situation.  But  the  sponsors  of  the  initia- 
tive and  referendum  do  not  rest  their  whole  case,  or 
even  a  large  part  of  it.  uiK)n  this  ixiint.  They  claim 
for  their  proposals  many  jwsitive  merits  which  do  not 
connect  themselves  directly  with  the  faults  of  the  exist- 
ing representative  system.     Emphasis  is  laid,  for  ex- 

20 


^tttST^r. ' 


INTRODUCTORY 


ample,  u\Kin  the  educative  value  of  direct  lejj^islation. 
Hy  means  of  the  initiative,  a  spirit  of  legislative 
enterprise  is  promoted  amonjj  the  voters;  men  are 
encouraged  to  formulate  iK)litical  ideas  of  their  own 
and  to  press  these  ujxmi  puhlic  attention  with  the  assur- 
ance that  they  shall  have  a  fair  hearing.  If  public 
welfare  often  suffers  from  puhlic  ajKithy;  if  the  mass 
of  the  voters  manifest  little  interest  in  the  contents 
i>f  the  statute-lx)(ik,  this  is  due  in  large  measure,  it  is 
claimed,  to  the  feeling  of  electoral  helplessness  which 
in  some  states  amounts  to  a  iKjpular  conviction.  In 
California,  during  the  decade  preceding  the  adoption 
of  the  direct  legislation  amendments  to  the  constitu- 
tion, it  would  he  a  gross  perversion  of  obvious  facts  to 
allege  that  the  voters  of  the  state  got  what  they  wanted 
in  the  way  of  legislation.  They  obtained,  for  the  most 
part,  what  a  great  and  influential  railroad  corporation 
was  willing  that  they  should  have.  In  a  state  like 
Pennsylvania,  or  in  a  city  like  Chicago,  at  the  present 
moment  it  would  l)e  idle  to  argue  that  the  statute- 
book  represents  the  embodiment  of  jjopular  ideas  in 
legislation.  The  voters  of  that  state  and  that  city 
have  endeavored  on  many  occasions  to  crystallize  their 
wishes  into  legislative  action ;  they  have  demonstrated 
that  on  many  matters  public  sentiment  is  pronounced 
and  readily  ascertainable  by  legislators ;  yet  they  have 
almost  invariably  found  legislation  unresixinsive.  To 
be  really  representative,  a  government  must  be  re- 
sponsive to  public  opinion,  and  to  be  responsive,  it 
must  have  the  machinerv  of  close  contact.     Between 


21 


mam 


THE  INITIATIVE.  RKFKRENDUM    AND   RECALL 


cvcn  a  strong  iMipnlar  sentinuMit  and  the  passiijje  of  a 
nu-asiirc  to  cnartnu-nt.  tliore  is,  under  what  is  itrnicd 
rtprewntativf  j^'ovcrnment  in  many  states  and  cities 
of  the  l^nion,  a  long  and  diiVuuIt  route,  well  st.ewn 
witii  pitfalls.     The  growth  in  vigor  of  iK.pular  icjens 
upon  matters  of  state  or  civic  iM>licy  \>  stunte«l  I)v  the 
mere  knowledge  that  this  is  so.     Men  develop  ideas 
only  when  there  is  at  least  a  lighting  chance  th.it  these 
ideas  may  Ik«  lK)rne  to  fruition,  and  the  electorate  is 
no   more   than   the   individual   writ    large.      Political 
thought  and  discussion  can  lie  In'st  stinuilatetl,   it  is 
suggested,    hy    popular    knowledge    that    these    lead 
straight  to  action.     The  way  to  get  voters  interestetl 
in  measures  is  to  ask  ft)r  their  opinion  uikju  measures, 
not  for  their  opinion  ui)on  men.     The  way  to  educate 
the  voter  u\H)n  matters  of  public  iw.Iicy  is  to  submit 
measures  to  him  in  jH-rson  and  not  to  some  o?ie  who 
holds  his  |)roxy.     The  educative  value  of  the  ordinary 
ballot    has    long    since   been    demonstrated;    and    the 
friends  of  direct  legislation  now  urge  that  this  be  en- 
hanced by  making  the  ballot  a  more  elaborate  iwlitical 
catechism.    John  Stuart  Mill  once  remarked  that  the 
"  magic  of  proi)erty  turns  sand  into  gold."    It  may  be 
that  thejmagk:  of  responsibility  can  turn  popular  list- 
lessness  into  public  enthusiasm.    At  any  rate  the  system 
of  direct  legislation  freely  i)romises.  through  its  advo- 
cates, to  make  the  voter  realize  that  he  is  a  sovereign 
in  fact  as  well  as  in  name  and  to  increase  his  serious 
interest    in   public   affairs  by   giving   him   something 
more  to  decide  than  the  party  label  of  officeholders, 

33 


'3^-  ',df^y-^  'asmsf^^^'-'m\z^ 


INTRODUCTORY 


In  keepiti}^  with  this  rmphasiH  ujH)n  the  cchuativr 
vahie  of  the  initiative  uiid  refercn(hun  is  the  provision 
made  hy  most  of  the  states  ami  numicipaUties  which 
ha\<  ail'ipte«l  thesi-  f»atnrt's.  for  thstrihution.  either  in 
whole  -ir  in  i)art,  at  ptihhi-  e\|)ense,  of  printe«l  informa- 
tion Ifearin^  upon  the  (htTerent  (jnestions  whicli  j^o 
upon  the  hall«)t.  Tiiesc  pamj)hlets.  which  are  usually 
in  the  forni  of  a  symposium  presenting  the  arjjuments 
ailvanced  hy  the  projxnu'nts  and  op|H)sers  of  each 
proposition  to  he  voted  upon,  are  mailed  t(»  every  citi- 
zen whose  name  is  on  the  voters'  list.  He  is  ex|)cctec! 
t(»  read  his  pamphlet  In* fore  he  j;oes  to  the  jkjIIs  and 
to  form  his  own  jtul^tnent  as  to  the  merits  of  each 
proposal.  In  ad<lition  to  this,  it  has  la-come  customary 
for  various  orj^anizations  to  show  their  interest  in 
some  of  the  items  hy  hoMini^  discussions  prior  to  an 
election.  passinj>;  resolutions  of  .ichice  to  their  own 
mein[)ers,  and  even  issuing  literature  tellinj^  tiie  voters 
which  (juestions  upon  the  lialltit  ought,  in  the  opinion 
of  these  organizations,  to  he  answered  in  the  atVirma- 
tive  and  which  in  the  negative.  Through  all  these 
various  chamiels  information  concerning  mooted  meas- 
ures is  literally  forced  upon  the  attention  of  voters.  It 
may  he  urged  that,  despite  it  all.  a  great  many  voters 
will  remain  uninformefl  and.  through  their  lack  of  in- 
formation, will  register  unwise  decisions  at  the  polls., 
Yet  it  w  ill  scarcely  be  denied  that  the  mass  of  the  elec- 
torate is  apt  to  he  better  informed  upon  public  ques- 
tions when  all  this  literature  is  cast  amongst  it  thanl 
when  it  is  confronted  merely  w  ith  candidates  and  given  -' 


^ 


y.¥^^.  ;•  ^-^'^..^fw^^^si^s:  ■^•'^^srsFr 


THE  INITIATIVE.   REFERENDUM   AND  RECALL 


only  such  printed  matter  an  Iwars  on  the  <|viatilicationH 
cjf  thcHc  nu'n.  I'here  oiinht  to  l»c  no  (|«m!)t  in  the  miiuls 
(of  those  who  have  watiheW  the  workings  «»f  direct 
U'Kislatiot)  (hirin^f  the  past  few  years,  that  this  sys- 
tenj  does  promote  |>opiilar  diseiissitms  of  puldic  meas- 
ures. And  all  suih  <Hsinssions  have  their  echuativc 
vahie.  Whether  they  actually  Iml^e  sure  information 
in  the  voter's  mind,  and  whetlier  he  acconhnjjly  can 
hope  to  tjecotne  as  sane  and  j 'lUcious  an  aj^ent  in 
passing'  u|M)n  these  measures  as  his  electetl  representa- 
tive is  hkely  to  Ix- — that  is  a  matter  \\\nm  wliicli  «ine 
cannot  yet  s|)eak  with  an\  such  decision. 

In  the  reahn  of  IcK-al  j^overnment  the  task  of  e<hj- 
catin^'  the  voter  to  a  jxtpular  knowlcil^e  of  the  (jues- 
tioiis  lai<l  Ixfore  him  can  hardly  l)e  calle«l  insui)eral>le. 
The  hasis.  indeetl.  of  the  Xew  ICnjjlaud  town  system 
of  government  *s  the  principle  that  even  matters  of 
very  minor  im|)ortance  shall  be  decided  by  referenda 
to  the  citizens,  and  takiuj;  the  history  of  New  Ivngland 
towns  as  a  whole,  it  does  not  apinrar  that  the  voters 
have  shown  themselves  less  capable  in  determining 
these  things  than  a  body  of  representatives  would  have 
been.  Most  of  those  towns  are  small,  it  is  true,  but 
(Jthers.  like  Brookline,  Mass..  are,  in  \)o'\ut  of  p«)pula- 
tion,  larger  than  half  the  so-termed  "  cities  "  of  the 
United  States,  and  it  does  not  api)ear  that  town  gov- 
ernment in  any  way  loses  its  satisfactoriness  as  the 
towtis  grow  in   ,)opulatii)n. 

Among  the  objections  urged  against  the  system  of 
direct  legislation  three  or  foe    stand  out  most  promi- 


INTRODUCTORY 


ucntly.  One  is  the  alkjjation  that  it  run*  contrary  to 
the  priiiciple  «>f  representative  giiverntiH'nt ;  that  it* 
a»lo|)ti(»n  will  deprive  representatives  of  jjower  and 
reH|H»nsihihty,  an«l  that  the  cahhre  of  men  in  legislative 
utVice  will  deteriorate  in  conse«|uence.  This  is  an  ol>- 
jection  which  cannot  ite  lightly  brushed  aside,  for  t  le 
institutional  history  of  this  comitry  (hiring;  the  last 
fifty  years  is  fnll  of  things  which  tend  to  afford  it 
snp|Mirt.  hideed,  if  there  Ik."  any  principle  which 
American  jntlitical  exi)ericnce  seems  to  establish,  it  i« 
the  laie  stateil  in  a  prece«ling  paragraph,  namely, 
that  the  snrcst  way  to  inifKiir  the  |)ersonncl  of  any 
rei)resentative  ImmIv  is  to  reduce  its  |)owers.  The  ex- 
pansion of  constilntional  limitations,  with  the  consc- 
<|itcnt  narrowing  of  legislative  authority,  has  unques- 
tionably o|K'rate<l  to  reduce  the  dangers  arising  from 
the  election  of  incapable  legislators.  When  the  choice'j 
"f  Inferior  representatives  does  n(»t  bring  serious  pen- J 
allies  upon  the  electorate,  inferior  representatives  are* 
apt  to  be  chosen.  Public_vigilanct;^  is^  the  price  of  effi- 
cient government  only  so  long  as  the  legislature  hohls 
broad  and  final  iK)W'ers,  The  decline  in  the  calibre  I 
of  American  legislatures,  lK)th  state  and  municipal,  has  I 
gone  hand  in  hand  with  the  shearing  of  their  legis-  ' 
lative  {KDwers.  And  the  jirocess  runs  in  a  vicious 
circle.  When  a  legislature  or  council  shows  itself  not 
up  to  the  mark  in  the  integrity  or  efticiency  of  its  work, 
the  usual  remedy  has  l)een  not  to  increase  but  to 
diminish  its  powers  and  resiwnsibilities.  With  nar- 
rowet!  |H)\vers  it  attracts  a  less  capable  set  of  men 
3  as 


T»F.  ixrriATivr.  nrri  kf.vDum  a\i»  hr  \i.i. 


aixl  these  cxiTiiso  t-vi-n  'li-  ir  sin.illi  r  rt's|N)nHiliilitic4 
less  Niitisfactorily.  So  :iv;ain  the  pnttiiii^  knitc  tumc* 
f«»rtli.  ami  with  tht*  vime  rtsiilts.  This,  in  a  word,  han 
lucn  the  history  <>f  tity  councils  in  most  American 
cities,  niitil  in  the  end  the  municipal  legislature  in 
cities  like  New  York  ha»  ceased  to  l»e  a  c«M»r<linato 
luaiuh  of  munici|».'«l  (^dvernment.  and  has  I)ecottie  little 
more  than  the  arena  for  an  ill-teni|H'red  and  ahnost 
wholly  unintluential  discussion  of  puhlic  affairs,  fn 
many  cities  it  has  lieen  eliminated  altogether  l»y  tele- 
Hcopini^'  it  with  the  executive. 

The  iMilicy  of  direct  legislation  pro|(oses  a  more 
ruthless  she.'irinj;.  The  elalxtration  (»f  constitutional 
an«l  charier  limitations  served  to  destroy  the  fmality 
of  I'j^islative  |M)uers  in  many  matlvrs;  direct  legisla- 
tion wouM  destroy  this  in  all  thinj^s.  If  this  further 
I  mowing  down  of  the  final  jKiwers  of  representative 
llxxlies  woultl  not  conduce  to  a  further  decline  in  the 
calihre  of  their  iwrsonnel,  then  five  or  six  decades  of 
American  jKilitical  ex|K'rience  have  taught  us  nothing. 
The  sjKJusors  of  the  direct  legislation  propaganda 
assure  us  that,  under  the  new  legislative  regime,  puhlic 
attciition  will  Ik?  focused  uiK)n  measures  rather  than 
ujKin  me»i.  which  seems  to  carry  the  implication  that  an 
luialloyed  system  of  representative  legislation  jx)S- 
sesses  the  vice  of  cou'-entrating  ♦..o  much  puhlic  atten- 
tion u|M>n  the  claims  of  rival  cantlidates.  That,  how- 
ever, is  least  among  the  failings  of  representative 
democracy.  Its  shortcomings  arise  rather  frf)m  a  fail- 
ure of  the  voters  to  exercise  adequate  care  in  ascer- 


AT 


INTKODl'LTORV 


t:ilnJt»K  the  qiialiruatjum  of  iIiomc  who  wck  .>ftuT  .hhI 
fiom  a  iji-mral  <li<(|i« tuition  to  placf  tiMi  nuKh  rt-liaiuf 
ii|N.ii  tliuse  ^niarantfi's  which  a  |>;irly  laU-l  in  sn|)|N>st'«| 
to  tarry.     It  may  well  \w  ilunhtnl  wlutlur  an  ilpcto- 
ratc  which  caniint  Ik-  hron^r|,|  t,,  ,|iscriiiiiiiatf  with  cart 
as  ainonj,'  caiKliilatrn  can  Ik*  easily  l»roii>;ht  to  exercise 
nuuh  flisi-riniinatioi)  as  ainon|r  nieaHures.     'I'hc  voters 
like  to  asMH-late  iHiblic  poiiue*  wiUi  fH-rnouaUties.  and 
anyihing  that  teiuls  to  weaken  the  prominence  of  the 
latter  i^  not    inilikely  to  react   in  a   lessened   interest 
l^'W;<rd  the  former,     l-'ntni  the  assertion  that  resort  to 
•lirect  lejs'islation  on  any  hroad  scale  is  almost  certain 
to    loutr    the    plane    t>f    jn.pnlar    representation    and 
conse.niently   to  result   in  a  |MH)rer  cpiality  of  repre- 
sentative   legislation,    there   seems    to   Ik-    no  j^ettin^ 
away.      I'olitiral   experience  snp|)orts   it   too  stronj^ly 
to  have  Kfonnd  for  nuuh  ho|R'  that  the  result  would 
Ik*  otherwise. 

But  it  is  iirjfed  that  the  direct  njerits  of  the  new 
system,  in  the  way  ..f  jK.sitive  legislation,  far  out- 
weij«:h  this  <.l)jection.  even  thoujrh  it  Ik*  given  all  the 
emphasis  that  may  Ik-  put  \\\»m  it.  The  realjest  of 
lej^'islation  in  a  tlemcKrracy  is  its  ix.pularTty.  It  matters 
not  how  iKitiently  and  carefully  a  statute  may  !jc 
framed  hy  le.^ishtors;  if  it  Ik.-  not  in  spirit  what  a 
majority  of  the  voters  desire,  it  is  not  a  goo<l  statute 
when  judged  hy  deuKK-ratic  statidartls.  Now  the  chief 
ileficiency  <»f  laws  and  ordinances  made  in  the  ortho- 
dox way  has  In-en.  it  is  alleged,  a  failure  to  recogwizel 
1  opuiar  demands.    And  this,  again,  has  come  about  in 


•"W^fp 


7F»^ 


^SP 


THE  INITIATIVR.   REFERENDUM   AND   RECALL 

part  at  least,  because  tlie  men  wlio  have  been  elected  to 
state  kj^islatures  and  city  councils  have  too  frequer  !y 
failed  to  realize  the  true  function  of  a  represe.  ;.  tuc. 
If  representative  gdvernment  means  what  it^  n',Mie 
implies,  the  real  and  indeed  the  only  function  'f  a 
representative,  we  are  told,  is  to  represent.  In  defiance 
of  this  doctrine,  one  naturally  recalls  the  famous  ajiol- 
ogy  of  iMlmund  Burke  to  the  voters  of  his  consMtuency 
more  than  a  century  ago,  when  this  great  parliamen- 
tarian urged  that  the  true  function  of  a  representative 
is  to  do  his  constituents'  political  thinking  for  them.  He 
maintained  the  interests  of  his  jieople,  Burke  claimed, 
against  their  opinions.  As  a  principle  upon  which  to 
base  a  system  of  efficient  government,  there  is  much 
to  be  said  in  support  of  Burke's  doctrine,  but  if  every 
representative  were  to  act  on  the  maxim  that  his  own 
judgment  is  a  better  guide  of  public  interest  than  the 
plainly  expressed  opinions  of  those  whom  he  repre- 
sents, government  would  be  no  longer  representative 
or  popular.  That  laws  would  be,  under  the  influence 
of  such  conceptions  of  a  representative's  function,  more 
uniform  in  spirit,  more  consistent  with  one  another  and 
more  dispassionate  in  tone,  there  can  be  little  doubt. 
But  the  relation  of  law  to  public  opinion  would  be 
less  intimate,  and  any  marked  hiatus  l^etween  these 
two  is  inconsistent  with  the  American  theory  of  denu)- 
cratic  government.  ^ 

It  has  been  urged,  again,  that  the  presumable  readi- 
ness of  voters  to  put  their  names  upon  initiative  peti- 
tions without  due  scrutiny  of  the  proposals  contained 

28 


W    ^ 


V:^!^ 


INTRODUCTORY 


in  the  latter  will  force  \\\k>u  the  electorate  the  necessity 
of  winnowing  a  few  grains  of  wheat  from  the  chaff 
which  will  be  set  before  them  at  every  election.  And 
it  is  true  that  in  those  cities  which  have  already  adopted 
the  initiative  the  new  process  of  starting  measures 
upon  their  march  to  a  place  ujjon  the  municipal  stat- 
ute-book has  not  been  used  veiy  sparingly.  Every 
element  in  the  community  has  its  own  particular  legis- 
lative privilege  in  (piest  and  is  apt  to  overestimate  the 
imiK)rtance  of  such  claims  from  the  standixiini  of  the 
general  interest.  The  gathering  of  signatures  has  ac- 
cordingly the  momentum  of  an  interested  propaganda 
behind  it.  and  if  the  percentage  of  necessary  signa- 
tures be  not  set  fairly  high,  the  initiative  is  in  danger 
of  becoming  a  facile  agency  of  hobby-riding  at  the 
expense  and  inconvenience  of  the  public.  It  ought 
to  be  said,  however,  that  the  collection  of  any  large 
number  of  signatures,  under  the  restrictions  commonly 
imjxjsed  by  the  direct  legislation  laws,  is  not  such  a 
simple  and  inexpensive  undertaking  as  many  imaj,ine. 
If  the  proposal  directly  concerns  the  interests  of  any 
orgaiiized  element  of  the  community — the  labor 
unions,  the  great  business  corporations,  a  political  ma- 
chine, or  a  religious  body — the  required  signatures  for 
an  effective  petition  are  not  ordinarily  difficult  to  se- 
cure. These  bodies  have  the  machinery  for  name 
gathering  at  hand.  But  v^ere  the  proposal  directly?, 
touches  the  privileges  and  pockets  of  none  of  these, ! 
but  merely  the  welfare  of  the  everyday  citizen  whov; 
has  no  particular  organization  to  champion  his  inter-  { 

29 


m^-^^^'iP^^^^i 


L^Ji 


,Jki 


TIIK   INITIATIVE,   REFERENDUM   AN  )    RECALL 

ests,  the  quest  for  initiative  signatures  is  likely  to  make 
liiavier  deniands.  in  the  way  both  of  tinie  and  ui 
tnoney.  than  can  i>e  met  without  cooperation.  IJie 
promotion  of  hiws  in  the  interest  of  the  unaftiliated 
citizen  is  likely  to  become  nobody's  business. 

An  interesting  sideHght  has  been  thrown  upon  this 
matter  by  the  working  of  those  provisions  relating  to 
nomination  by  petition  which  are  coiUained  in  the 
present  Boston  charter.  Candidates  for  election  to 
the  city  council  must  be  placed  in  noininatiou  by  peti- 
tions bearing  the  names  of  at  least  five  thou.sand  quali- 
fied voters — less  than  five  per  cent,  of  the  total  electo- 
rate. It  was  predicted,  when  the  adoption  of  this 
charter  provision  was  under  discussion,  that  the  re- 
(|uirement  was  too  lenient  and  that  it  would  be  too 
ea.sy  for  a  man  to  get  his  name  upon  the  ballot.  Sub- 
\sequent  events  have  proved  that  where  candidates  have 
jthe  support  of  a  political  machine  the  requirement  is 
easily  complied  with.  A  nomination  i)aper,  passed 
around  among  city  employees,  can  \ye  filled  in  a  day 
or  two.     Similarly  it  has  been   found  that  aspirants 

I  who  are  willing  to  hire  workers  can  secure  the  required 
names  at  five  or  ten  cents  per  head.  But  when  a  can- 
didate is  able  to  command  neither  the  backing  of  a 
political  organization  nor  the  funds  necessary  to  pay 
for  signatures,  the  prospect  set  before  him  is  sufficient 
to  deter  all  except  the  political  beachcomber  who  has 
nothing  else  to  do. 

It  is  urged  that  the  initiative  will  transfer  to  the 
unorganized  and  independent  elements  of  the  elector- 

30 


.I_»t.'_  . 


INTRODUCTORY 


ate  the  advantages  now  held  almost  everywhere  by 
organized  interests,  both  economic  and  political.  But 
does  American  political  experience  warrant  the  hoj^e 
that  it  will  do  anything  of  the  kind?  It  is  true  that 
in  the  first  flush  of  their  newly-gained  prerogatives  the 
independent,  unorganized  electors,  in  some  states  and 
cities  where  direct  legislation  has  been  a  while  in 
vogue,  have  pounded  through  legislation  hostile  to  the 
special  interests.  But  these  spasms  of  popular  inde- 
pendence have  not  been  uncommon  under  the  repre- 
sentative system  of  lawmaking,  neither  have  they  been 
wholly  ineffective.  The  trouble  with  unorganized  ac- 
tion lies  in  the  fact  that  it  is  inevitably  spasmodic  and 
intermittent.  The  sponsors  of  the  mandatory  initia-, 
tive  have  asked  us  to  believe  that,  by  rendering  its 
course  of  action  more  direct,  an  unorganized  majority 
actuatec  unselfish  motives  can  permanently  thwart 
the  will  >.  a  well-organized  minority  of  the  electorate 
acting  with  all  the  zeal  and  resources  that  self-seeking 
aims  can  supply.  If  our  municipal  history  teaches  us 
anything,  it  is  that  changes  in  the  framework  of  gov- 
ernment, in  the  electoral  system,  and  in  the  methods 
of  ordinance-making  do  not  alone  suffice  to  block  the 
pathway  of  any  measure  which  can  command  organ- 
ized support  and  ample  funds. 

Objections  of  an  allied  sort  are  often  raised  against 
the  referendum  as  an  agency  of  lawmaking.  The 
political  history  of  Switzerland,  where  the  popular 
referendum  has  long  been  in  operation  under  circum- 
stances favorable  to  its  success,  shows  that  the  people 

31 


'"^ 


Il 


"'\t  r iiMiJiiii 


THE  INITIATIVE.   REFERENDUM    AND   RECALL 


!  i 


! 


t 


1 


/ 


in  general  grow  tired  of  their  legislative  duties  after 
I  the  novelty  of  their  experience  has  worn  ofif,  and  that 
'  a  decision  which  passes  for  the  will  of  a  majority  of 
the  voters  often  represents  in  reality  the  judgment  of 
that  minority  among  them  which  hapixns  to  Ije  im 
1  mediately  interested  in  the  (juestion.     In  Berne,   for 
exami)le,   a  majority  of  the   registered    voters   have 
recorded  themselves  on  only  nine  out  of  sixty-eight 
questions  submitted,  and  in  only  a  very  few  instances 
has  any  question  received  an  affirmative  vote  equal 
to  a  majority  of  the  registered  voters.     ICven  in  the 
case  of  national  referenda  scarcely  more  than  one-half 
of  all  the  registered  electors  pass  upon  the  questions 
submitted  to  them  at  the  polls.    The  more  one  studies 
the  statistics  of  Swiss  referenda,  the  more  strongly  is 
I  one  forced  to  the  conclusion  that  decisions  which  are 
popular  in  name  are  not  necessarily  popular  in  fact. 
In  Switzerland,  as  in  all  other  democracies,  the  laws 
represent  the  will,  not  of  the  whole  electorate,  but  of 
that  part  of  it  which,  impelled  either  by  public  or  pri- 
vate motives,  takes  an  active  interest  in  affairs  of  state. 
In  one  of  the  cantons  a  serious  attempt  was  made, 
some  years  ago,  to  ameliorate  the  force  of  this  objec- 
tion to  the  referendum  by  imposing  a  fine  upon  every 
voter  who  failed  to  appear  at  the  polls.     The  polled 
vote  increased  as  a  result ;  but  the  real  aim  of  the  law 
was  not  achieved,  for  many  of  the  voters  who  came  to 
the  polls  under  the  spur  of  this  compulsion  rendered 
perfunctory  conformance  by  dropping    blank    ballots 
into  the  box. 


33 


I 


V 


INTRODUCTORY 


In  America  the  showing  ujwn  this  point  has  been 
somewhat  better.  From  1780  to  191 1  the  voters  of 
Massachusetts  passed  upon  sixty  questions,  of  which 
they  answered  forty-one  in  the  affirmative.  .Ml  w  "e 
submitted  at  regular  elections.  In  only  a  few  cases 
has  the  total  vote  on  these  referenda  approached  the 
entire  vote  polled  for  candidates,  and  in  ten  cases  the 
number  of  votes  recorded  upon  the  measure  was  less 
than  one-fifth  of  the  total  vote  cast.  In  Boston,  dur- 
ing the  last  twenty  years,  there  have  been  thirty-three 
(|Ucstions  of  local  interest  submitted  to  the  voters. 
Twenty  of  these  (one  each  year)  dealt  with  the  (|ucs- 
tion  of  licjuor  licenses.  On  these  referenda  the  aver- 
age vote  was  63.3  per  cent,  of  the  entire  registered 
vote,  an  excellent  record  as  indicative  of  interest  in 
this  question.  On  the  other  questions  the  average 
was  only  59.3  per  cent.  It  is  interesting  to  nou^e, 
moreover,  that  the  largest  percentage  was  recorded 
ui«)n  questions  which  prominently  involved  some  spe- 
cial interest.  The  request  of  a  street  railway  cori)ora- 
tion  to  put  its  tracks  upon  a  certain  street,  the  demand 
of  city  laborers  for  fewer  hours  of  labor,  the  attempt 
of  certain  sections  of  the  city  to  eliminate  the  liquor 
trade  from  their  neighborhood — these  were  the  issues 
which  got  the  most  attention,  and  they  are  all  matters 
affecting  organized  interests  and  not  things  that 
touched  the  position  or  the  purse  of  the  whole  body  of 
citizens.  On  the  other  hand,  matters  which  did  vitally 
affect  the  interests  of  every  citizen  in  the  community 
— such  as  the  question  of  adopting  what  virtually  con- 

33 


ri.iiiliia^'j-iiyiiiM 


V 


i  ] 


THE   IMTiAllVE,   REFERENDUM    AND    RECALL 

stitutcd  a  new  charter   f(»r   Boston — elicited  a  much 
less  comprehensive  expression  of  opini 


o 


<»n.' 
It  is  to  he  l«)rne  in  mind,  moreover,  that  our  use 
f  the  rei'ereiidnm  in  the  liiited  StatCN  has  heen,  up 
to  the  present  lime,  under  favorahle  conditions.    Ques- 
tions have  I)een  submitted.   f(.r  the  most  part,  at  the 
rej;ular  elections  wiien  most  voters  come  to  the  |)o||s 
anyway.     .\s  a  rule,  moreover,  only  a  few  fptestions 
have  hitherto  been   put   upon  the  i>allot   at   any   one 
time.     lUit  the  use  of  the  referendum  on  a  scale  so 
broad  as  is  fre(|uently  proposed  would  ^.^reatly  enhance 
the  difificulty  of  getting  a  reliable  expression  of  the 
public  will.     The  submission  of  questions  at  special 
elections  held  for  the  puriKJse,  particularly  if  these 
special  elections  should  be  held  frecpiently,  would  cer- 
tainly mitigate  against  the  polling  of  a  large  vote.    It 
may  well  be  doubted,  in  the  light  of  such  experience 
as  we  have  had.  whether  more  than  fifty  per  cent,  of 
the  registered  voters  would,  on  the  average,  appear  at 
these  special  elections.    \\'e  should  have,  in  such  event, 
Igovernment  by  half  the  people  for  the  whole  people, 
'which  is  scarcely  our  orthodox  definition  of  democ- 
racy.    The  submission  of  many  questions,  moreover, 
means  inevitably  that  none  will  get  very  much  scrutiny 
or  study.    The  average  voter  gives  just  about  so  much 
time  and  thought  to  political  questions  on  the  eve  of 


•For  further  details  sec  the  paper  by  Dr.  E.  M.  Hartwell  on 
"Referenda  in  Massachusetts"  in  Proceedings  of  the  National  Mu- 
nicipal League,  1909,  334-353- 

34 


INTRODUCTORY 


ail  election.     If  thirty  <|uestions  be  suhmittcd  to  him 
instead  of  three,  they  are  hkely  to  have,  in  sum,  no 
more  of  his  thoujjht  or  consideration.     Two  or  three 
(liiestions  he  may  and  s<»n;  times  does  inquire  about 
and  form  his  own  opinion  uiK)n.     But  for  guidance 
upon  a  score  or  more  of  matters,  if  these  are  to  come 
upon  his  ballot,  he  will  \)c  inclined  to  take  the  advice 
of  some  party,  orjfanization  or  interest  with  which  he 
may  be  aft'iliated.     In  those  western  states  and  cities 
where,  under  newly  adopted  systems  of  direct  legisla- 
tion the  l)allot  has  been  loaded  with  dozens  of  ques- 
tions often  of  minor  importance,  that  is  exactly  what 
has  happened.     The  real  voting  is  done,  not  by  the 
voter,  but  by  the  political  committee,  the  taxpayers' 
league,  the  labor  union,  or  some  other  organization 
whose  advice  on  political  matters  he  regards  as  coin- 
cident with  bis  own  interest  and  whose  printed  pam- 
phlet of  instructions  he  takes  with  him  to  the  polls. 
In  one  western  city  the  politicians  provided  their  fol- 
lowers with  a  sheet  of  limp  cardboard  the  exact  size 
of  the  ballot.     Holes  had  been  cut  in  this  at  appro- 
priate places ;  the  voter  was  instructed  to  lay  the  card- 
board on  his  ballot,  and,  by  marking  his  cross  in  each 
hole,  he  voted  on  all  the  referenda  just  as  the  poli- 
ticians desired  him  to  vote.     Those  who  hope,  there- 
fore, that  the  system  of  direct  legislation  will  cause 
every  voter  to  inform  himself  concerning  the  merits 
of  each  proposed  measure,  or  that  it  will  break  the 
power  of  political  machines  by  making  the  voters  do 
something  which  the  politicians  cannot  influence  theml 

3S 


J 


i 

'■ 


ii 


If 


THE   IMTIATIVK.   REFERENDUM    AND   RECALL 

in  doinj,'.  have  as  usi-nl  underestimated  the  iiijfcnuity 
of  the  latter. 

It  may  Iw  snjjKested,  moreover,  that  not  only  floes 
the  referenchim  fail  in  many  cases  to  arouse  that  de- 
gree of  puhlic  interest  and  discussion  which  is  neces- 
sary to  a  lar^e  vote,  hu.  that  large  numbers  of  tlu)se 
who  do  vote  upon  suhmitted  measures  arc  guided  by 
nothing  more  substantial  than  prejudice  or  caprice. 
It  is  well  known  to  |K)liticians.  for  example,  that  other    P 
things  l)cing  e<|ual.  the  affirmative  side  of  any  ques- 
tion on  the  ballot  has  a  great  advantage.    Only  a  few 
months  ago  there  was  a  local  illustration  of  this  fea- 
ture in  electoral  psychology  when  the  opponents  of  a 
projiosal  which  went  Ijefore  the  voters  of  a  Massachu- 
setts city  had  the  question  so  framed  that  they  would 
get  that  advantage  of  being  in  the  affirmative.'     The 
affirmative  seems,  in  fact,  to  have  a  bonus  equivalent 
to  that  of  the  candidate  whose  name  comes  first  on 
the  ballot.    Just  how  great  such  advantages  are,  can- 
not be  determined  by  any  safe  method  of  computation ; 
b  .t  if  one  accepts  the   opinions   of   active   political 
workers,  they  are  sufficient  in  many  cases  to  turn  the 
scale. 

Other  electoral  tendencies,  more  or  less  capricious, 
are  disclosed  by  a  study  of  the  action  of  the  electorate 
upon  questions  that  have  been  submitted  to  them.    It 


« As  originally  drawn  the  question  was  as  to  whether  a  certain 
public  undertaking  should  be  defrayed  by  the  issue  of  bonds  "out- 
side the  city's  debt  limit."  The  wording  was  changed  to  "within 
the  city's  debt  limit." 

36 


n  vnpnti--^"* 


INTRODUCTORY 


is  clear,  for  t-xample.  that  the  average  voter  carries 
with  him  into  the  pollini^  booth  a  considerable  preju- 
dice against  corporate  interests,  anil  is  prone  to  record 
his  voice  against  anything  that  Uxjks  like  a  concession 
to  them.     When  city  charters  provide,  therefore,  that 
no  franchise  extensions  or  other  rights  may  Iw  granted 
to  public  service  ccjrixjrations  exccjU  with  the  ai)proval 
of  a  majority  of  the  voters  at  the  i)olls,  a  serious  obsta-^ 
cle  is  placed  in  the  way  of  granting  such  privileges.! 
however  nuich  it  may  Ik?  in  the  city's  interest  to  do 
so.     The  cry  against  privilege  in  any  of  its  forms 
is  easy  to  raise,  and  when  raise<l  always  has  cfYective- 
ness.  as  do  the  varicnis  race  and  religious  cries  which 
mischief-makers  raise  from  time  to  time.     Doubtless 
this  anti-corporation  prejudice  among  the  voters  is.  to 
a  considerable  extent,  not  without  reas(.n:  corporate 
interests,  by  their  reckless  disregard  of  public  jwdicy 
and  popular  opinion,  have  often  brought  it  upon  them- 
selves.     But    pixiudicfc- -exists,,  and   government  byr;; 
prejudice,  warranted  or  unwarranted,  is  not  safe  govHj!! 
ernment.     When  the  public  mind  is  inflamed  against 
an  ofTender,  though  justifiably  so.  no  one  with  a  clear 
sense  of  justice  would  urge  that  the  offender  should 
have  his  right  to  life,  liberty  or  property  adjudged 
by  a  jury  which  reflects  the  prejudice  of  the  com- 
munity rather  than  by  a  body  of  men  qualified  to  act 
dispassionately.     When  popular  passions  are  aroused, 
it  is  not  easy  to  get  a  jury  which  will  deal  fairly 
on   the    merits   of   an    issue,   nor   yet    a    legislature 
or  council  which  will  do  the  same.     But  all  three  of 

37 


THE  INITIATIVK.   REFK KKXDUM   AND   RECALL 

tln)sc  1m (dies  will  pn.hahly  nianifi-st  a  ^ffatt-r  iticlina- 
tiou  (i)  fairmss  than  the  wholi'  t'ltTtor.ite  from  vvliich 
their  im-mlRrs  art-  tirawn.  \\  htrr  vestod  uitrrests  are 
coiuiTiitMl.  mcasmis  that  art*  It'nislativc  in  h.nn  are 
very  often  a<lju<hcative  in  etTect.  To  Iiinj^e  their  ai- 
eeptanie  or  rejeition  n|)on  tlie  issue  of  an  election  is 
accor(linj,'|-    to  e^tal)li^h.  in  many  eases,  a  system  of 

administrative  adjudication  hy  iMtpuiar  caprice.         

On  the  other  hand,  voters  show  a  iKirtiality  toward 
certain  interests  and  principles  which  may  not  he.  and 
frequently  arc  not.  in  accord  with  the  general  interest. 
They  are  unduly  lenient,  as  a  rule,  toward  the  claims 
of  all  who  hold  places  on  the  tity  jKiyroll.     I 'or  secur- 
ing hi^lier  pay,  fewer  hours  and   favorahle  terms  of 
service,   the  city  employee  can  scarcely   find  a  more 
useful  ex})edient   than   the   referendum.      The   jHihlic 
feels  kinilly  toward  the  man  who  works  for  the  mu- 
nicipality at  a  small  daily  waj^^e:  the  older  an<l  less 
competent  he  is.  the  more  symiKithetic  it  seems  to  feel. 
jWhen  the  employees  ask  for  somethiujr  they  are  apt 
ito  get  it  without  much  scrutiny  from  the  mass  of  the 
voters.     That  is  why  iHiliceinen.  firemen  and  others 
who  go  to  the  legislature  for  measures  in  their  own 
interest  are  always  willing  to  have  these  passed  with 
a  proviso  for  a  local  referendum  attached.     IC.xiJerience 
seems  to  show  that   legislatures   comply   much    more 
readily  with  re(|uests  for  i^ermissive  than  for  manda- 
tory legislation,  since  they  are  naturally   inclined  to 
feel  that  legislation  of  the  former  sort  puts  no  final 
responsibility  uixin  them.     So  also  the  voters  show  a 

38 


! 


INTRODUCTORY 

pronoimcctl  purlialily  to  measures  which  propose  U* 
|»ay  for  piil)lic  iinprovemeuls  out  of  the  proceeds  oj 
loans  rather  than  from  currciU  taxes.    Itjs  hut  natural 
that  men  shonM  dcsiri'  to  have  present  conveuieiices 
at  the  exiKMisc  «»f  'ntnre  generations;  heme  when  a 
voter  is  asked  whether  he  will  imy  for  a  costly  public 
improvement  or  lit  his  grandchildren  pay  for  it.  his    %. 
answer  is  mit  «lirticiilt  to  forecast.     Vor  a  time  it  wan 
thought  that  since  municipal  councils  are  inclined  toj 
he  prodigal  of  th.-  city"',  credit,  the  necessity  of  suW 
mitting  |>ro|K.sf(l  |.,.'ms  to  the  voters  would  afFord  a' 
salutary  check.     .As  such  it  has  proved,  however,  of 
little  or  no  service.     ^  )n  the  contrary,  it  has  rathern 
favored   undue  lx>rrowing  by   reducing  the  council's 
sense  of  resp<.nsil)ility  for  its  share  in  the  matter.       1 

Other  lines  along  which  the  electorate  is  apt.  as 
e.Nperieuce  shows,  to  be  guided  by  its  prejudices  or 
partialities  might  be  indicated;  but  enough  has  been 
said  to  suggest  that  the  expressed  wish  of  the  people 
does  not  necessarily  represent  their  deliberate  judg- 
ment. When  voters  arc  called  upf)n  with  frequency 
and  are  asked  to  express  themselves  ujkju  all  sorts 
of  matters  the  consideration  which  they  give  to  each 
question  must  be  of  the  most  superficial  sort  ami,  being 
sui)erficial.  erratic.  PijbJic  sentiment  is  proverbially 
Tickle  as  to  men ;  it  is  not  likely  to  be  any  less  so  as  to 
•yeasurg^.  A  s  men  have  gone  into  high  office  on  the 
crest  of  a  wave  and  have  Ix-en  dropped  out  on  its 
subsidence,  so  measures  and  policies  of  all  sorts  catch 
the  popul.or  f.^ncy  for  one  season  and  are  discarded 

39 


y^-v 


■'^'^^V^-Jfi: 


i  , 


Tirn   INITIATIVE.   REI-ERFNIDUM   AND   RECALL 

the  iitxt       It   is  scarcely  t.»  Ik*  rxjH'ctc.l  that  an   in- 
crcasf*!  |.atlici|»aiu.ii  of  tin-  electorate  in  the  n.irmal 
Wt.rk   ttf  lawmaking   will   give   puhlic   seiitimeni    any 
greater   siahility;   on   tlir   contrary,    the    st.»tuu-lH«»k 
Would  in  all  prohabijity  reflect  to  an  even  greater  ex- 
tent than  now  the  Heeling  i)pinions  of  jjeople  whose 
iKilitical  ideals  aie  mI.Ioiu  very  firmly  anchored.     All 
this  is   reinfoned  by  flu-   fact  that   the  voters,  upon 
«|mstions  >et  before  thetii.  must  reconi  categorical  an- 
swers.    They  must  either  accept  or  reject  a  submitted 
uieasure.     There  is  no  riMtni   for  conipron  'v  •.      \'et 
/comprt.mise  has  jilayed  a  lar^je  part  in  the  making;  of 
(laws    under   the    representative    system.      Without    it 
profrressi\e   lej^islation  would  often  have  proved   im- 
jMJssible.    To  a>k  voters  fur  an  uii.|ualilie<l  yea  or  nay 
'is  to  disregard  the  fact  that  many  of  them  .1..  not  Iv.lil     / 
uut|ualified  ••pinions  and  .  aniiot   fairly  e.xpress  their  A 
views  in  catej;orical  terms 

An  objecticjn  to  direct  lej;islatioii.  well  stated  ui  a 
later  chapter,  is  based  uijon  t!ie  [ack  t)f  harmony 
Ijctween  that  system  and  the  traditional  American 
distinction  iKnween  constitutional  and  ordinary  laws, 
ronstitutioiis.  and  particularly  tlu.sc  clauses  in  consti- 
tutions which  make  up  a  bill  of  rights,  have  been 
regarded  in  America  as  bulwarks  of  jK-rsonal  lik-rty. 
A  certain  sanctity  has  attached  to  these  organic  laws 
l)ecause  they  have  been  ad«.pted  in  a  particularly 
formal  way  which  has  included  popular  apptoval  at 
the  |)olIs.  Ordinary  laws,  on  the  other  hand,  have 
been  the  much  less  formal  work  of  legislatures.     F^ut 

40 


INTROUUCTOKV 

with  a  l»roa«l  n«c  of  ilirert  Ict'iHlation  thi<t  liiHtinction 
\vonl«l  entirely  «liHa|»i»ear.     (  miNtitutions  aii«I  unlinary 
lauH  \v<»iil«l  Ik-  tiKulf  ami  unmade  hy  ilu*  Hainc  pro- 
•  edure;  tfu-  iK-npU-  wotilil  inifialf  Ih.ih  |,y  tlu-ir  |»fti- 
tions  and  ad..pt   IkiiIi  l»y   tliiir   votes,     'ilun-   w.ml.k 
Ih?  no  more  sirnriiy  for  |KTsonal  and  pr.i|KTty  rijiht^ 
in  one  than  in  the  ..ihtr.     Of  o.uisf  jt  is  not  at  all 
certain  that   this  .uitionie  wonid  Ik-  very  nndesirahle 
in   America.      In   l-nylan.!  there  has  never  Iwen  any 
distiiution  jK'tvveen  mustitntinnal  an.I  oidinarv   laws, 
yet  the    lilwrty    of    the    in.livi.hial    has    n..t    suffered 
seriiuis  impairment  <>n  that  account.      It  may  k-  sug- 
gested, moreover,   that   constitiiti.mal   limitations  de- 
signed to  Kuard  private  rights  have  in  America  often 
«)verreached   themselves  and  h\    so  doing   |,,-,vi.  „ffsct 
inneh  of  the  merit  they  |...ssess.     The  provision  which 
forhids    the    <leprivation    of    property    without    "(hie 
pr.^ess   of   law"    enunciates    a    uholesotne   canon   of 
guvernment:   hut    if    has   i.k.  often   ken  pressed    into 
service  as  a  means  of  thwarting  some  nmch-needed 
smial  and  economic  reforms.     \\t  whether  the    ,hjcc- 
tion  thereto  k-  vali.l  or  not.  it  remains  true  that  a  gen- 
eral use  of  the  ini'     .ive  and  referen.him  would  sweep 
away  a  hasic  principle  in  the  American  legal  system. 
In  weighing  the  various  merits  and  faults  .)f  the 
niitiativc  and  referendum  as  set  forth  in  the  foregoing 
p.igcs   much   depends   upon  an    individual's   j^Mnt   of 
Mcw.      Men  hold   widely  (livergent   opinions,   for  ex- 
ample, oncerniiig  the  degree  to  which  present   insti- 
tutions and  nuthods     avi-  failed,  in  the  United  States. 
*  41 


-,v- 


THE  INITIATIVE,   REFERENDUM    AND   RECALL 


It 


to  measure  up  to  reasonable  expectations.  Yet  each 
man's  attitude  upon  that  question  determines  the  spirit 
in  which  he  approaches  the  new  proposals.  Much  de- 
pends, moreover,  upon  our  individual  notions  concern- 
ing what  the  populace  is  apt  to  do  under  different 
circumstances  and  these  notions  are  not  usually  built 
upon  sure  information.  The  psychology  of  the  crowd, 
despite  all  that  has  been  written  on  that  subject  by  a 
brilliant  French  author,  is  even  yet  a  terra  incognita 
to  students  of  political  science.  It  is  a  fact,  however, 
that  those  who  best  know  the  political  propensities 
and  caprices  of  the  voters  are  the  least  ready  to  turn 
over  to  them  the  decision  of  every-day  questions. 
Whether  the  electorate,  with  due  education  and  prac- 
tice, can  do  better  than  past  experience  has  led  us  to 
expect,  is  something  which  the  next  few  years  will 
probably  disclose.  ^ 

The  Recall. 

Unlike  the  initiative  and  referendum,  the  recall  is 
not  an  agency  of  legislation  but  of  administration.  It 
is  the  power  to  remove,  before  the  end  of  his  term,  any 
official  elected  by  the  voters.  Although  existing  for 
a  long  while  in  some  Swiss  cantons,*  it  made  its  first 
American  appearance  under  the  title  of  the  "  impera- 
tive mandate "  in  the  Populist  propaganda  of  two 
decades  ago,  and  was  first  given  practical  recognition 
in  the  Los  Angeles  charter  of  1903.^    Since  that  time 


«  For  example,  in  Beme,  Argau,  and  Schaffhausen 
•  Laws  of  California,  1903,  pp.  574-575. 

43 


INTRODUCTORY 

it  has  found  its  way  into  the  constitutions  and  ffeneral 
laws  of  several  states,  notably  those  of  Orej,o)n.  Iowa. 
South  Dakota.  Washington.  Oklahoma  and  Califor- 
nia. It  has  also  l)een  provided  for  in  the  s|)ecial  char- 
ters of  more  than  a  hundred  cities,  most  of  thcni 
municipalities  which  have  adopted  the  commission 
tyj)e  of  government. 

In  all  the  cities  which  have  adopted  the  recall,  with 
the  exception  of  Uoston.  the  provisions  relating  to  it 
are  substantially  the  same.     Ordinarily  its  ojieration 
applies  only  to  elective  officers:  but  in  one  or  two  cases 
it  extends  to  appointive  officials  as  well.     The  move- 
ment to  recall  an  officeholder  before  the  expiry  of  his 
term  is  invariably  begun  by  a  petition  which  sets  forth 
the  reasons  for  the  proposal.     This  petition,  when  it 
has  received  the  signatures  of  a  stated  percentage  of 
the  qualified  voters,   is  presented  to  some  designated 
municipal  authority.'     The  petition  is  duly  examined 
by  the  appropriate  ofticer ;  the  signatures  are  verified ; 
and  if  the  requirements  are  found  to  have  been  com- 
plied with,  a   recall  or  removal  election   is  ordered, 
usually  by  the  city  council.     In  some  cities  it  is  per- 
missible, in  case  the  number  of  signatures  is  not  suffi- 
cient,  to   file  additional    names   in   a   supplementary 
petition.     And  although  there  have  been  no  specific 


•  This  stated  percentage  ranges  ordinarily  from  fifteen  per  cent, 
to  twenty-five  per  cent.;  but  in  a  few  cities  it  is  higher.  Sometimes 
It  IS  a  percentage  of  the  registered  vote;  in  other  cases  a  percentage 
of  the  vote  cast  at  the  last  local  election.  The  designated  officer  is 
usually  th     ity  clerk. 

43 


THR   INITIATIVE.   REFERENDUM    AND    RECALL 

provisions  in  city  charters  covering  the  point,  the 
courts  decided,  in  a  recent  Seattle  case,  that  voters 
whose  names  appeared  ujjon  a  petition  for  the  recall 
of  an  officer  might  withdraw  their  names  at  any  time 
prior  to  the  date  upon  which  the  petition  was  finally 
certified  as  sufficient.' 

When  a  valid  petition  has  been  transmitted  to  it, 
the  city  council  or  other  competent  authority  fixes  a 
date  Uir  the  removal  election,  which  must  be  within 
the  period  fixed  by  law.  Usually  it  is  jjrovided  that  the 
officer  whose  removal  is  sought  shall  have  his  name 
placeil  upon  the  ballot  at  this  election  unless  he  re- 
quests otherwise.  Other  candidates  for  the  office  may 
be  placed  in  nomination  by  the  usual  methods.  The 
recall  election  is  conducted,  so  far  as  polling  places 
and  the  other  machinery  (-»f  voting  are  concerned,  like 
any  regular  election.  Unless  the  incumbent  receives 
the  highest  number  of  votes  among  the  candidates 
offering  themselves,  he  is  recalled;  that  is,  he  leaves 
office  and  his  place  is  taken  by  that  candidate  who 
did  receive  the  largest  number  of  votes.  Ordinarily 
this  successor  fills  out  onl-  mexpired  term.     It  is 

fre<|uently  provided,  in  o,  prevent  abuses  of  the 

recall  procedure,  that  no  r  '  al  petition  may  be  filed 
until  after  an  (jfficer  has  been  at  least  six  months  in 
his  i)ost  and  tliat  thereafter  a  petition  may  not  be  filed 
more  than  once  during  his  term  of  office.  The  con- 
stitutionality of  the  recall  has  invariably  been  upheld 


'  See  below,  p.  331. 
44 


INTRODUCTORY 

by  the  courts.  Following  its  adoption  in  city  charters 
the  recall  has  gained  recognition  in  the  constitutions 
of  Oregon  and  California,  in  the  latter  of  which  it 
is  applicable  not  only  to  the  executive  and  legislative 
departments  of  government  but  to  the  judiciary  as 
well. 

Since  its  first  adoption  by  an  American  city  eight 
years  ago  the  recall  has  been  put  into  operation  a 
number  of  times,  notably  in  L(«  Angeles  and  in 
Seattle.  In  the  former  city  a  member  of  the  city 
council  was  removed  from  office  in  1904  and  in  1906 
..  movement  to  recall  the  mayor  was  forestalled  by  the 
lattcr's  resignation.  Seattle  in  1910  ousted  its  mayor 
after  a  violent  contest  and  the  friends  of  the  new  in- 
cumbent have  since  been  kept  employed  in  repelling 
persistent  efforts  to  dislodge  him  in  turn.  In  several 
other  cities  the  expedient  has  been  used,  sometimes 
achieving  its  end  and  sometimes  failing  to  do  so.  As 
yet  there  has  been  no  instance  of  the  recall  of  a  state 
officer  under  the  provisions  which  have  been  placed 
in  state  constitutions  within  the  last  four  years. 

In  the  amended  Boston  charter  o^  1909  a  modified 
system  of  recall  was  establi.shed  in  connection  with 
the  mayoralty.  In  providing  for  a  four-year  mayoral 
term  the  framers  of  those  amendments  deemed  it  ad- 
visable to  entrust  to  the  voters  the  i)ower  of  termi- 
nating a  mayor's  tenure  at  the  end  of  his  second  year 
in  office.  It  happens  that  the  state  elections  in  Massa- 
chusetts take  place  in  November  and  that  the  Boston 
municipal  elections  are  held  in  January  following.     At 

45 


^ 


E  ^H 


: 


THE   INITIATIVE,   REFERENDUM    AND   RECALL 

the  state  elections,  accordingly,  the  voters  are  asked 
(and  this  without  the  filing  of  any  petition  on  their 
part)  whether  they  desire  an  election  for  the  post  of 
mayor  at  the  forthcoining  January  polling.  If  a  ma- 
jority of  the  rcj^istcrcd  voters  pronounce  in  the  affirm- 
ative then  the  incunihent  of  the  mayoralty  vacates  his 
office  and  a  new  election  for  a  four-year  term  is  held. 
The  question  goes  on  the  state  ballot  once  every  four 
years,  that  is,  whenever  a  mayor's  term  is  halfway 
run.* 

The  chief  argument  in  favor  of  the  recall,  as  ad- 
vanced by  friends  of  the  expedient,  is  its  efficacy  as 
an  agent  of  unremitting  popular  control  over  men  in 
public  office.  It  is  a  perpetual  reminder  of  preelection 
promises.  It  compels  each  officeholder  to  view  his 
every  public  act  in  the  light  of  what  the  voters  will 
think  of  it.  It  is  an  application,  in  a  wider  sense,  of 
that  principle  of  ministerial  responsibility  which  is  a 
feature  of  English  government  and  which  enables  the 
course  of  public  policy  to  be  altered  at  any  moment 
by  the  recall  of  a  cabinet  at  the  hands  of  the  House 
of  Commons.  It  assumes  that  the  relation  of  the 
voters  to  an  elective  officer  is  that  of  principal  and 
agent — that  the  agent's  power  of  attorney  may  be  re- 
voked at  any  time.     It  is,  accordingly,  a  means  of 


« The  question  appeared  on  the  ballot  in  November,  iqi  i ,  but  no 
serious  effort  was  made  to  influence  the  popular  verdict  cither  way. 
As  the  total  registered  vote  of  Bo.ston  is  about  1 10,000  it  would  have 
tiiken  over  55,000  affirmative  votes  to  recall  the  mayor.  The  result 
was  affirmative  37,262,  negative  32,501. 

4b 


INTRODUCTORY 


I 


keeping  all  officials  responsible  and  resix)nsive  to  pub- 
lic opinion. 

That  the  possibility  of  recalling  officers  is  likely  to 
achieve  some  of  these  things  is  scarcely  to  be  denied. 
The  deference  of  an  office-seeker  to  public  sentiment 
is  proveri)ial;  and  with  a  provision  for  his  recall  on 
the  statute-book  the  official  is  likely  to  be  kept  per- 
petually in  that  frame  of  mind.  There  is  little  question 
concerning  the  spur  to  official  responsiveness  which 
the  recall  provides.  The  only  question — and  an  im- 
portant question  it  is— concerns  the  effect  which  it 
will  have  upon  an  officer's  judgment  and  hence  upon 
his  efficiency.  Where  the  duty  of  an  official  is  solely 
that  of  reflecting  public  sentiment — and  that  seems  to 
be  the  only  function  of  councillors  elected  from  wards 
to  large  municipal  bodies — the  sponsors  of  the  recall 
provision  are  able  to  make  their  strongest  case.  Large 
city  councils  and  the  ward  system  of  election  have  as 
their  only  prop  the  strong  popular  feeling  that  all 
parts  of  the  city  and  all  elements  of  its  population 
ought  to  be  represented  in  the  city  government  and 
particularly  in  that  branch  of  it  which  governs  public 
expenditure.  One  may  defensibly  take  issue  with  this 
proposition;  but  as  long  as  it  is  given  recognition  as 
a  working  principle  of  city  government,  as  it  still  is 
in  most  cities  of  the  country,  it  will  scarcely  be  gain- 
said that  those  whose  chief  function  is  to  reflect 
varieties  of  local  sentiment  should  be  made  to  do  this 
in  the  most  thorough  way.  And  the  recall  provision 
is  doubtless  a  useful  agency  in  that  direction. 

47 


-^■r 


Tin:   ."IITIATIVE.    KElliRENDUM    AND    RECALL 

liut     here  arc  many  city  (.ftkcrs  iif)on  vvbnn   is 
laid  not  only  the  task  ..f  rcllcctin^'  local  opinion,  hut 
soinetliinj;  more.      In  its  administrative  departments 
the  city  te<|uirc.s  men  who  will  comhine  a  rcsi„,nsive 
attitude  with  some  executive  skill  and  jud^'ment.    The 
emphasis,  indeed,  ought  to  go  upon  tijc  latter  (psalities. 
riie  recall  jjrovision.  however,  puts  the  whole  emphasis 
upon  the  former.     It  may  he  urged,  perhaps,  that  there 
is  really  no  difference  between  these  two— that  an  olTi- 
cial  who  shows  skill  and  judgment  in  the  interests  of 
the  city  is  responding  to  the  wishes  of  its  citizens.     It 
does  not  take  much  political  e.\i)crience  to  teach  one, 
however,  that  the  hitcn'stx  of  the  municipality  as  these 
clearly  appear  to  a  competent  administrative  officer, 
and  the  Xi'ishcs  of  the  citizens  as  they  are  apt  to  ex- 
press them  at  the  polls,  come  far  from  being  always 
the  same  t!:ing.     The  case  for  the  recall  provision  in 
relation  to  administrative  officials  is  correspondingly 
weakened.    With  resiKxt  to  judicial  officers  it  is  weak- 
est of  all  unless  we  are  prepared  to  accept  the  revo- 
lutionary doctrine  that  the  duty  of  a  judge  is  that  of 
a  supplementary  lawmaker. 

A  point  commonly  urged  in  favor  of  the  recall 
is  that  it  permits  the  lengthening  of  official  terms 
without  thereby  ri.sking  the  establishment  of  a 
bureaucracy.  Short  terms,  particrdarly  for  adminis- 
trative officers,  have  been  a  vice  of  local  government. 
They  form  one  of  the  chief  reasons  why  city  adininis- 
tration  in  the  United  States  has  failed  to  develop  any 
soond  traditions  of  efficiency.     The  oidy  ground  upon 

48 


■.•»_»*»r.., 


•r-y:    -* 


INTRODUCTORY 


which  one  can  pretend  to  justify  the  practice  of  elect- 
ing  comptrollers,    or   street    conuuissioners.   or   even 
mayors,  for  terms  of  one  or  two  years  is  the  desir- 
ahility  <.f  holdinjr  these  officials  directly  accountable 
to  the  electorate.     If  the  recall  provisions,  by  afford- 
inj;  a  iM)tentiaI  means  of  ousting  an  ofiicer  who  proves 
unsatisfactory,  can  promote  the  practice  of  leaving  in 
office  for  l(^ng  terms  those  who  prove  themselves  com- 
petent, it  will  have  rendered  a  considerable  service  to 
the  cause  of  good  munici,.al  management.    The  extent 
of  this  service  mu.st  depend,  however,  upon  the  fre- 
quency with  which  the  voters  bring  the  recall  machin- 
ery into  operation  and  the  motives  which  ailuate  tiiem 
in  doing  so.     If  political  or  capricious  moti.c.^  dom- 
inate their  action  and  if  men  are  accordingly  removed 
from  office,  not  because  they  are  inefhcient  but  because 
they  are  politically  unpopular,  the  service  rendered  by 
the  recall  machinery  will  be  worse  than  worthless.   We 
should  then  have  no  more  than  long  term-  in  name 
and  short  terms  in  fact.     One  trouble  with  the  short 
term  is  that  it  forces  an  ofHicer  to  wa.ste  much  of  his 
time  and  energy  in  the  task  of  maintaining  his  political 
fences;  with  the  possibility  of  a  recall  election  con- 
stantly on  the  h.)rizon  this  trouble  would  not  be  elim- 
inated by  the  merely  formal  lengthening  of  an  offi- 
cials  term. 

it  was  from  this  angle  that  the  framers  of  Boston's 
amended  charter  approached  the  proposal  to  incor- 
porate the  recall  provision  in  that  enactment.  Their 
decision  was  that  the  mayor's  term  should  be  lenf^th- 

49 


THE  INITIATIVE.   REFERENUUM    AND    RECAL!. 


cnett  from  two  to  fuur  years;  hut  that  he  should  Ijc 
rcmovahli-  J)y  the  voters  at  the  end  of  two  years. 
They  provided,  therefore,  a  retail  arraiiKemeut  which 
can  he  l)rouj;ht  into  operation  at  a  stated  |Miint  in  the 
mayor's  term,  and  not  at  any  point  as  is  coinnionh 
permitte<l  in  other  cities.  They  stiptilated.  moreover, 
that  a  majority  of  the  rcfiistcrcd  vote  and  not  a  mere 
phirahty  of  |K)lled  votes  should  In;  necessary  to  effect 
the  mayor's  removal.  In  other  words,  the  Boston  char- 
ter provides  a  system  wherehy  the  voters  express  their 
opinion,  when  his  term  is  half  completed,  upon  the 
mayor's  record  in  ofticc  and  not  upon  his  (lualifica- 
tions  as  compared  with  those  of  some  other  candidate 
or  candidates  whose  names  apjK'ar  ujkjh  their  hallot. 
If  the  |)ronouncement  hy  the  voters  is  decisively 
against  the  mayor — that  is,  if  a  majority  of  the  rej^is- 
tered  voters  declare  ajjainst  his  continuance  in  office 
— the  decision  is  effective.  In  hrief.  the  Fioston  idea 
is  that  a  mayor,  when  elected  for  a  four-year  term, 
should  be  allowed  to  fini.sh  it  out  unless  the  public  in- 
terest clearly  demands  his  removal. 

The  plan  of  popular  election,  as  a  means  of  getting 
competent  men  for  municipal  administrative  posts,  has 
never  been  crowned  with  much  sticcess  either  in  Amer- 
ica or  elsewhere.  Administrative  skill  is  not  to  he 
had,  apparently,  by  asking  those  who  profess  it  to 
come  forward  as  candidates  for  election.  All  this  is 
so  well  recognized  that  the  practice  of  seeking  admin- 
istrative officials  by  popular  election  might  have  been 
wholly  abandoned  by  this  time  were  it  not  for  objec- 

.<iO 


INTRODUCTORY 


tions.  which  seem  to  be  well  rooted  in  the  puhhc  mind, 
against  the  only  other  nieth(Kl,  namely,  executive  ap- 
pointment. Making  offices  appointive  o|»ens  the  way 
to  efficiency;  hut  when  men  are  ap|)ointcd  to  office  for 


long 


g  terms  they  tend  to  forget  that  the  public  is  a 
fastidious  master.  The  recall,  it  is  urged,  can  Iw  use<l 
to  secure  the  advantages  of  l)oth  these  methods — elec- 
tion and  ap|)ointment — without  the  shortcomings  of 
either.  If  men  be  ap)K)inted  to  office  for  long  terms 
but  allowed  to  hold  office  subject  to  recall  should  oc- 
casion arise,  tijc  i)ossibility  of  reconciling  eHiciency 
with  accountability  comes  into  view.  The  right  men 
can  be  apj)ointcd.  and  after  appointment,  these  can  be 
held  to  the  proper  altitude. 

The  foregoing  assumes,  however,  that  the  power 
to  recall  an  officer  will  be  used  sparingly  and  for  good 
reason  only.  Otherwi.se  it  would  be  no  more  than  an 
effective  instrument  of  intimidation  and  blackmail. 
Nothing  indeed  can  be  predicted  with  certainty  con- 
cerning the  merits  and  faults  of  the  recall  in  operation 
until  after  it  has  had  a  trial  over  a  considerable  period 
and  under  varying  degrees  of  political  stress.  If  it 
can  develop  a  good  tradition,  it  may  prove  a  highly 
useful  addition  to  our  machinery  of  local  government. 
At  its  best  it  has  great  potentialities  for  good.  I'.ut 
at  its  worst  the  recall  contains  endless  possibilities  of 
political  demoralization  and  harm. 


*AA*Vj^'>y/> 


CliAnKK    II 


O' 


NATIONAI.I.SM    .\Nr>  I'OPl'LAR  RULE* 

In  Mr.  ncrl)crt  Croly's  "  Promise  of  American 
Life."=  the  most  imifonnd  and  illnminatinRf  study  of 
our  national  conditions  which  has  apf)earcd  for  many 
years,  especial  emphasis  is  laid  on  the  assertion  that 
the  whole  point  of  our  K'>^<?''!iniental  experiment  hes 
in  the  fact  that  it  is  a  j,a'miinc  efTort  to  achieve  true 
democracy — hoth  |)ohtical  and  industrial.  The  exist- 
ence of  this  nation  |,.i>  no  real  significance,  frojn  the 
statnlpoint  of  humanity  at  large,  unless  it  means  the 
rule  of  the  people,  and  the  achievement  of  a  greater 
measure  of  widely  dififused  po|)ular  well-being  than 
has  ever  before  obtained  on  a  like  scale.  I'nless  this 
is  in  very  truth  a  govermnent  of.  by.  and  for  the 
people,  then  both  historically  and  in  world  interest 
t)ur  natitmal  existence  loses  most  of  its  jioint.  Nom- 
inal rcfniblics  with  a  high  aggregate  of  industrial 
perity,  and  governed  normally  by  rich  traders  and 
manufacturers  in  their  own  real  or  fancied  interest. 

<  This  chapter  by  Colonel  Thefxlore  Rcvisevelt  is  reprinted   by 
permission   from  The  Outlook  of  Janu.iry  21,  1911. 

*  New  Yorl:..  The  Ma  milian  Co.,  1909. 

53 


NATIONALISM   AND   POl'ULAR   RULE 


but  occasionally  by  violent  and  fooli<ih  mobs,  have 
existed  in  many  previous  ages.  There  is  little  to  be 
jjaincii  by  rcpeatiiif,'  on  a  bi^jjfer  scale  in  the  Western 
Ik'niispluTc  the  careers  of  Tyre  ami  CarthaKC  on  the 
shorts  of  the  Me«litirranean. 

If  there  is  any  worse  form  of  gr)vcrnment  than 
that  of  a  phitocrac),  it  is  one  v.hicli  oscillates  Ijetween 
control  by  a  plut<tcracy  and  control  by  a  mob.  It 
«»n^'ht  not  to  Ix  necessary  to  point  out  that  fKiptdar 
rule  is  the  antithesis  of  mob  rule;  just  as  the  fact  that 
the  nation  was  in  arms  durinj^j  the  Civil  War  meant 
that  there  was  no  room  in  the  country  for  armed 
mobs.  I'dpiilar  nde  means  not  that  the  richest  man 
in  the  country  is  ^'ven  less  than  his  right  to  a  share 
in  the  work  of  j^uidinj.j  the  government;  on  the  con- 
trary, it  means  that  he  is  guaranteed  just  as  much 
right  as  any  one  else,  but  no  tnorc — in  other  words, 
that  each  man  will  have  his  full  share  as  a  citizen, 
and  only  just  so  nuich  more  as  his  abilities  entitle  him 
to  by  enabling  him  to  render  to  his  fellow-citizens 
services  more  impt»rtant  than  the  average  man  can 
render.  On  the  otiicr  hand,  the  surest  way  to  bring 
about  mob  rule  is  to  have  a  government  based  on 
privilege,  the  kind  of  government  desired  not  only  by 
the  iR'iichciaries  of  privilege,  but  by  many  honest  re- 
actionaries of  dim  vi  ion;  f. )r  the  exasperati(»n  caused 
by  such  a  governmeiU  is  sure  in  the  end  to  prodiice  a 
\ioleiit  reaction  aii<!  accompanying  excesses.  The 
Progressives,  in  fighting  ft)r  sane  and  steady  progress, 
are  doing  ;dl  they  can  to  safeguard  the  ronntry  against 

53 


THE   INITIATIN  IC,    KfM-RENiHM    AND   UkLCALL 


this  kind  of  unl  ';t!!b)  osfillatii*'     of  g<;veftmte«t  by 
convulsion. 

A  nitinf'^v  of  Progressive  conventn  ns  h  t  re- 
crntly  cmuii  t;iWii  u;c  follinvinp  anioiiigf  oIImm  primi'^les 
a-  met      try  t.    p  -     'ir  v,'t>\ rrnineni 

iJra^Mc  laws  I  vent  ili    ..Mrfw  u«w        rm   w 

in  politi'  >?. 

I'.'i    !!. ill  i»f  L'liiu'  ';  Sta«e«  senator-  by  dirt'  *  vm 
Dir«  .t  pritiar    -    for    ,        nuiiu-iat    mj   ot      leci 
offitials 

Du.'t   *k'(tion   of  (IfU'j;  tes   U>    nn,!.  mal    •    ivei! 
titiMs.  il,.-  \.,ter  to  express  his    h^i^-e  ujt   j>resi=.iL      «mi 
thi    hali.f    fi,r  delegate. 

'1  hi-  intr.  .diitti.  n  of  i,  c  in      (ivt-    ^  "er  '    n  and 
recall. 

In  Orcjt>.)ii   iiitisf   of   ti  prii    iplts   an    already 

law.  riiL  reivrt  Kepuhlicifi  sta  plaffon  >f  Wis- 
consin has  dcclarc'l  r  aU  f  \.  *  nn  s;  and 
!  !is  deciar.'tiun  !><  Mtitlcij  to  very  .sei  nsi<  a- 
tion,  for  U'isconsii  ius  taken  a  lead  sitioi  in 
l'rojjreNsi\.'  Ifut.lat  n  am  has  hci  .i  ,it  ..  n.  te- 
wurthv  rec-r.  .f  lau-  .  ^>ciai.  slinon'  and  indus- 
trial l-ttcrni  it,  .  h  ,.  heci  proved  in 
actual  piact!       aid    u  ^e  u     ked    ..ell. 

Most    \     stem    i  <i\   ,,   an      mauy   F.astern 

Prr)i;rissi\,        inchnlii  presei  ;      n't  wJH  as- 

sent to  th'se  ivc  pro;  u,v<,  at  It  ill  principle. 
f  (li>  not  supp  that  '^ire  can  he  any  tnssent  frtmi 
tilt  need  of  p.  sini,^  t  ■  .uKhjjoing  acts  to  prevent 
cor-upt  praciKv.       he  » movement  for  direct  primaries 

54 


%.f 


NAT   ONALISM   AND   P(.PULA,<    RULE 

sprcacliiijf  faM  W  luthcr  it  sifall  apply  t«»  jll  elec- 
tive &fK(  ah  or  to  cirtain  rateKurk's  ol  M«iti  m  a  mat- 
ter wl  d\  must  l«?  tlccidi'd  hy  the  acUJ;.  cx|H.TiriKc  o( 
each  state  wlaii  Ik*  wi.rkiiiK  of  the  sctimie  is  trsfcd 
II  i  '^utice.  There  is  a  constant !v  prt>wu»g  fectinic 
aJst)  ill  favor  of  the  flection  of  I  i  itt-d  States  senators 
by  dircc?  popular  vote.  Oit  this  jxunt.  as  indeed  on 
most  of  hese  jioinis,  there  is  room  lor  hone ,.  iliver- 
gence  pini<»n.  hut   i  Iwlitve  that  the  weight  of 

convictu  IS  ore  the  side  of  those  wh«»  would  elect 
the  scna  ors  bv  iK)pular  vote,  ml  that  the  general 
frt'ltiigr  is  inclininf,'  this  uay.  i'he  arguments  made 
againsi  such  methiKl  of  ekt^ion  arc  practically  the 
sai  ic  .1  the  arguments  orijjinaliy  made  against  the 
election  r  r^residcnt  by  popular  vo(=;  and  the  electoral 
as  lesignetl  on  precisely  the  same  theory  in 
'!'  which  it  was  supin.sed  that  the  legislature 
the  pe(»|)le  shouUI  l)e  trusted  to  choose 
of  senator.  Such  change  in  senatorial 
Id  no  more  alter  the  fumlamental  prin- 
ciples Ol  our  government  than  they  were  altered  by 
the  change  in  presidential  electi>»ns.  At  present.  aU 
though  the  form  of  an  electoral  college  is  preserved, 
the  vote  for  president  i  really  a  direct  popular  »ote; 
an<l  this  aI»solut'  reversal  in  practice  of  the  theory  of 
the  constitution  .  ^  rcj4ards  the  choice  of  the  most  im- 
portant public  ofticer  in  the  lam  oflfers  a  curir 
nientary  on  tlic  attitude  of  those  who  declaii 
all  change  hy  practice  in  the  cf'ist ruction  < 
of  a  written  constitution.     Again,  and  foi 

55 


colh 
aci 

ratlif 
the  be 
election 


^2£, 


agg.  fia 


U 


THE  INrnATlVE.   REF«ERE\DUM    AND    RECALL 


reason,  it  seems  to  me  an  adinirahle  plan  that  there 
should  be  a  direct  electit)n  of  dclejj;ates  to  national 
conventions,  with  opportunity  for  the  voter  to  express 
his  choice  for  jjresidcnt  and  vice-president;  al.'  >ugh, 
of  course,  such  latitude  of  action  nutst  l)e  left  to  the 
delegate  as  to  permit  his  exercising  his  own  judgment 
if  his  first  or  second  choice  proves  imixtssihle.  This 
is  merely  slightly  to  alter  the  present-day  practice 
when  delegates  are  instructed  by  state  and  district 
conventions  to  v(jte  for  a  given  candidate. 

The  proposition  that  will  excite  inctst  misgiving 
and  antagonism  is  that  relating  to  the  initiative,  refer- 
endum anil  recall.  As  regards  the  recall,  i.  is  some- 
times very  useful,  but  it  contains  undoubted  possibili- 
ties of  mischief,  and  of  course  it  is  least  necessary  in 
the  case  of  short-term  elective  officers.  There  is,  how- 
ever, unijuestionably  a  very  real  argument  to  be  made 
for  it  as  regards  ofticers  elected  or  appointed  for  life. 
In  the  Ignited  States  government  practically  the  only 
l)ody  to  whom  this  applies  is  the  judiciary,  and  I  shall 
accordingly  treat  the  matter  when  I  come  to  treat  of 
nati(jnalism  and  the  judiciary. 

There  remain  the  initiative  and  referendum.  As 
regards  both  of  these.  I  think  that  the  anticipations  of 
their  adherents  and  the  fears  of  their  opponents  are 
e<|ually  exaggerated.  The  value  of  each  dei)ends 
mainly  upon  the  Way~it  is  applied  and  upon  the  extent 
and  complexity  of  the  governmental  unit  to  which  it 
is  applied.  Every  one  is  agreed  that  there  must  be  a 
popular  referendum  on  such  a  fundamental  matter  as 

56 


-y 


NATIOXALISM    AND    POPULAR   RULE 


a  Constitutional  cliaiiKo.  and  in  New  York  State  we 
already  have  what  is  really  a  refereiulnin  on  various 
other  propositions  by  which  the  state  or  one  of  its 
local  subdivisions  passes  upon  the  propriety  of  action 
which  implies  the  spending^  of  money,  permission  to 
establish  a  trolley  line  system  or  somethintif  of  the 
kind.  Nbtreover,  where  popular  interest  is  sutViciently 
keen,  as  it  has  been  in  the  case  of  certain  anuMulments 
to  the  national  constitution  at  various  times  in  the 
past,  we  see  what  is  practically  the  initiative  under 
another  name.  I  believe  th.'it  it  w(!;iid  be  a  good  thinj; 
to  have  the  princijjle  of  the  initiative  and  the  referen- 
dum a|)plied  in  most  of  our  states,  always  i)rovided 
that  it  \k'  so  safej;uarded  as  to  jjrevent  its  beinjj;-  used 
either  wantonly  or  in  a  spirit  of  levity.  In  other 
words,  if  the  leijislaturc  fails  to  act  one  way  or  the 
other  on  .some  bill  as  to  which  there  is  a  genuine 
popular  demand,  then  there  .should  unquestionably  be 
power  in  the  i)eople  through  the  initiative  to  compel 
such  action.  Similarly,  on  any  bill  important  enough 
to  arouse  genuine  public  interest  there  should  be  power 
for  the  i)eople  to  insist  upon  the  bill  being  referred  to 
IKjpular  vote,  so  that  the  con.stituents  may  authorita- 
tively determine  whether  or  not  their  representatives 
have  misrepresented  them.  But  if  it  is  rendered  too 
easy  to  invoke  either  process,  the  result  can  be  only 
mischievous.  The  same  considerations  which  are  more 
ajid  more  tending  to  make  thoughtful  i)eople  believe 
that  genuine  popular  control  is  best  exercised  through 
the  short  ballot  have  weight  here  also.  There  are 
«  57 


■-^^g^r_ ^  J^£V, 


( 


11 


IB  I 


1^ 


[a. 


TIIK  INITIATIVE,   RRFKRENDUM   AND   RECALL 

plenty  r.f  cases  in  wliicli.  rm  a  pivcn  issue  of  siimcicnt 
importance,  it  is  better  that  the  people  should  .lecidc 
for  themselves  rather  than  trust  the  (lecision  to  a  body 
of  representatives— and  our  present-day  acceptance  of 
this  fact  is  shown  by  our  insistence  upon  a  direct  vote 
of  the  state  when  the  state  adopts  a  new  constitution. 
But  ordinary  citizens  in  private  life— such  as  the  pres- 
ent writer  and  most  of  his  readers— neither  can  nor 
ought  to  spend  their  time  in  following  all  the  minuti.-e 
of  legislation.     This  wor';  they  ought  to  delegate  to 
the  legislators,  who  are  to  make  it  their  special  busi- 
ness; and  if  scores  of  bills  are  habitually  presented 
for  popular  approval  or  disapproval  at  every  election, 
it  is  not  probable  t!  it  good  will  come,  and  it' is  certaiti 
that  the  i)ercentage  of  wise  decisions  by  the  people  will 
be  less  than  if  only  a  few  pron^sitior.  of  reallx^OSt 
importance  vare  presented.      It   is  necessary  to  guard 
not  only  against  the  cranks  and  well-meaning  busy- 
bodies  with  fads,  but  also  against  the  extreme  laxity 
with  which    men    are   accustomed   to   sign    petitions. 
There  was  a  curious  instance  of  this  trait  at  the  recent 
elections  in  Cincinnati.     .Aside  from  the  regular  nom- 
inees, there  was  in  one  di.strict  a  man  nominated  on 
I>etition.     He  had  enough  names  put  on  the  petition 
to  insure  his  running,  but  at  the  election  he  got  only 
about  one-seventh  as  many  votes  as  there  were  names 
on  the  petition.     A  much  lar-  c.    ;  -oportion  of  men 
should  be  required  to  petition   .  -  an  initiative  than 
for  a  referendutn.  but  in  each  case  the  regulations  both 
as  to  the  number  of  names  required  and  as  to  addi- 

58 


NATIONALIS\f   AN'D   POPULAR    RULE 

tional  guarantees  where  necessary  should  |,e  sucli  as 
to  forbid  the  invocation  of  this  method  of  securing 
popular  action  unless  the  measure  is  one  of  real  im- 
portance, as  to  which  therp  is  a  dec|>-rooted  popular 
interest.     Oregon   has  ;       My  tried  the  principle  ..f 
the  initiative  and  the  ref.renduni,  an<l  it  seems  to  have 
produced  g.Mnl   results— certainly  in  the  case  of  the 
referendum,  and  prohaMy  in  the  case  of  the  initiative. 
'Ihis,  (»f  coursi.  does  not   iiecessarily  mean  that  the 
principle  uoul.'    work  -veil  in  all  other  communities, 
and  under  our  sy>iem  it  is  difficult  to  see  at  present 
lunv  it  could  normally  have  more  than  a  state-wide 
ai.i)Iication.     In  Switzerland  it  has  been  applied  both 
in  the  cantons,  or  states,  and  in  the  federal  or  national 
government,  and  it  seems  on  the  whole  to  have  worked 
fairly  well.     Those  who  anticipate  tof)  much  from  the 
new  system,  however.  w.»uld  do  well  to  study  its  work- 
mgs  in  Switzerland.     There  have  now  and'  then  been 
od.l  residrs.     Recently  by  the  use  of  the  initiative  a 
certaui  bdl   was  proi)osed  to  the  federal   legislature. 
There  was  such  a  strong  demand  for  its  passage,  as 
shown  by  the  vote  on  the  initiative  and  by  the  general 
popular  agitation,  that  the  legislature  passed  it  with 
but  one  dissenting  vote.     At  the  ensuing  election  the 
repre>entat:ve  who  had  cast  the  dissenting  vote  was. 
because  of  having  done  so.  beaten :  but  on  the  referen- 
diun  the  people  defeated  the  measure  itself!     They 
demanded  it  on  the  initiative,  all  their  representatives 
m  the  legislature  with  one  exception  voted  for  it  on 
'ts  passage    they  heat  the  one  man  who  had  voted 

59 


i 


THK   IXITIATIVK.    REFERENDUM   AND   RECALL 

ap-iinst  it.  and  then  on  the  reffrendiun  they  defeated 
tlie  bill  itself. 

l'n<|uesti()nal»ly  an  ideal  representative  hody  is  the 
l)est  iinaijinahle  le^nslalive  hody.    Snch  a  Ixxly.  if  com- 
posed of  nun  of  unnsnal  courage,  intelligence,  sym- 
pathy and  high-mindedness,  anxions  to  represent  the 
I)eople,  and  at  the  same  time  conscientious  in  their 
•letermination  to  do  nothing  that  is  wrong,  would  so 
act  that  there  would  never  come  the  slightest  ilemand 
for  any  change  in  the  methods  of  enacting  laws.     Un- 
fortunately, however,  in  actual  practice,  too  many  of 
our  legislative  bodies  have  not  really  been  representa- 
tive; and  not  a  few  of  the  ablest  and  most  prominent 
men   in  public  life  have  prided  themselves  on  their 
ability  to  use  parliamentary  forms  to  defeat  measures 
for  which  there  was  a  great  popular  demand.     Spe- 
cial interests  which  would  be  powerless  in  a  general 
election  may  be  all-ix)werful  in  a  legislature  if  they 
enlist  the  services  of  a  few  skilled  tacticians ;  and  the 
result  is  the  same  whether  these  tacticians  are  un- 
scrupulous and  are  hired  by  the  special  interests,  or 
whether  they  are  sincere  men  who  honestly  believe 
that  the  people  desire  what  is  wrong  and  should  not 
be  allowed    to  have   it.      Normally   a    representative 
should  represent  his  constituents.     If  on  any  point  of 
real  importance  he  finds  that  he  conscientiously  differs 
with  them,  he  must,  as  a  matter  of  course,  follow  his 
conscience,  and  thereby  he  may  not  only  perform  his 
highest  duty,  but  also  render  the  highest  |)ossil)le  serv- 
ice to  his  constituents  themselves.     But  in  such  case 

60 


NATIONALISM   AND   POPULAR    RULE 


he  should  iu)t  try  to  acliicvc  his  |)iiriM)sc  by  tricking 
liis  coustitiifiits  or  by  adroitly  seokiiij;  at   the  same 
time  to  thwart  thcit   \vi>hes  in  secret  and  yet  appar- 
ently to  act  so  as  to  retain  their  good  will,     lie  slionld 
never   put   holdinj^    his   olTice   above   keepinji^   straight 
with  his  constience,  and  if  the  iueasnre~a>r  to  which 
he  differs  with  his  constituents  is  of  sufluient  impor- 
tance, he  should  hi-  prepared  to  go  out  of  oitice  rather 
than  surren<ler  on  a  matter  of  vital  principle.     Xor- 
mally.  however,    he    nnist    rememlK'r    that    the    very 
meaning  of  the  word  representative  is  that  the  con- 
•stitnents  shall  be  represented.     It  is  his  duty  to  try 
to  lead  them  to  accept  his  views,  and  it  is  their  duty 
to  give  him  as  large  a  latitude  as  possible  in  matters 
of  conscience,   realizing  that   the  more  conscien;  ous 
the  representative  is  the  better  he  will  in  general  repre- 
sent them;  but  if  a  real  and  vital  .split  on  a  matter  of 
princijile  f)ccurs.  as  in  the  ca.se  of  a  man  who  believes 
in  the  gold   .standard  but   hnds  that   his  constituents 
believe    in    free    silver,    the    representative's    duty    is 
neither  to  abandon  his  «)wn  belief  n(jr  to  try  to  beat 
his  constituents  by  a  trick,  hut  t(.  fight  fairly  for  his 
convictions  and  cheerfully  accept  defeat  if  he  cannot 
convert  his  con.stituents  to  his  way  of  thinking — ex- 
actly  the  attitude   that   the   late   Senator  Lamar,   of 
Mississippi,    once    took    on    this    very    question    and 
triumplied.  and  exactly  the  attitude  that  the  late  Con- 
gres.sman  Dargan.   of    Xorth   Carolina,   took   at   the 
price  of  his  political  life. 

Incidentally   tiic  referendum   is  certain   to  be  of 

6i 


-v^ 


THK   IMTIATIVK.    KKIliKliNDUM    AND  RECALL 

K'naf   use  ill  a  particular  class  of  cases   which   very 
much  pii/zlc  ih«.'  avcrajjc  lc«ishit<>r — where  a  minority 
ot  his  constituents.  Imt  a  larLje  and  iiilluential  ntiiiority. 
may  demand    so|nethnl^'    com-erninj,'    which    there    is 
.Ura\e  donht    whether  the   majority  does  or  does  not 
sympathi/e  with    the   demand.      In    sncli    a   case    the 
minority  is  active  and  determined:  tlie  majority  can 
he  roused  only  if  the  ((uestiou  is  directly  fn-fore  it.    In 
other  words,  the  maj<Mity  <loes  not  cttunt  it  for  right- 
eousness in  a  representatise  if  he  refuses  to  yield  to  a 
minority:  while  a  minority,  on  the  other  hand,  will 
not  tolerate  adverse  action.     In  such  cases  the  temp- 
tation to  the  ordinary  legislator  is  very  j^jreat  to  yield 
to  the  demand  of  the  minority,  as  he  fears  its  con- 
crete and  interested  wrath  much  more  thai*  the  tepid 
disapproval  of  the  majority.     In  all  such  cpiestions  the 
referendum   would   offer  much   the   wisest   and  most 
efficient  and  .satisfactory  solution.  }^ 

The  opponents  of  the  referendum  and  initiative, 
therefore,  would  do  well  lo  rememher  that  the  move- 
ment in  favor  of  the  two  is  larjjely  ih\c  to  the  failure 
of  the  n'fjrcsentative  hodics  r«?ally_i()^j3y)resent  the 
IKopIe.  There  has  heen  a  j.,'rowinj;  feeling  that  there 
shoulil  Ik.'  m<.re  direct  popular  action  as  an  alternative, 
not  to  the  action  of  an  ideal  legislative  lK)dy.  hut  to 
the  actions  of  legislative  Ixidics  as  they  arc  now  too 
often  found  in  very  fact  to  act.  '1  he  movement  for 
direct  popular  govcrmnent  in  Oregon,  for  instance, 
was  in  part  the  inevitahle  consecpience  of  the  gross 
betrayal  of  their  trust  by  various  representatives  of 

62 


( 


s 


^ 


NATIONALISM  AND  POPULAR  KULE 


Oregon  in  the  national  and  stato  legislatures,  and  by 
the  men  put  in  apiMjiiitive  oftice  thiouj^h  the  exertions 
of  the^e  p :  iitatives.  Moreover,  the  opponents, 
ami.    fur  i  iatter  t>i  tiiat.  the  adherents  likewise, 

of  the  propo  :  chanj^'t'.  when  they  speak,  wliether  in 
praise  or  in  Maint  of  its  rachcalisin,  would  <lo  well  to 
renumber  that  in  one  of  the  oldest  and  most  conser- 
vali\e  sections  of  tiie  country  there  has  existed 
throu^'hout  <»ur  national  life,  and  now  exists,  a  form 
of  local  self  K<>\erinnent  nutch  more  radical  where  it 
applies  than  even  the  initiative  and  referen<lum.  I 
refer  to  the  New  l'",nj;jland  town  meeting,  at  which  all 
purely  town  matters  are  decided  without  apjwal  hy 
the  vote  of  the  townspeople  in  meetinjj  assembled.  In 
no  other  part  of  the  world,  save  in  two  or  three  can- 
tons of  Switzerland,  and  i)erhaps  in  certain  districts 
of  Norway,  is  there  any  form  of  ijovernment  so  ab- 
solutely tiemocratic,  so  absolutely  i^pular,  as  the  Xew 
I'.ntjland  town  meetiny^.  The  initiative  and  referen- 
dum represent  merely  the  next  stage.  The  town  meet- 
injT  has  been  pritved  to  work  admirably  as  regards 
certain  governmental  units  where  the  citizens  are  of 
a  certain  tyjH.'.  The  initiative  and  referenlum  have 
been  shown  to  work  well  as  regards  certaiii  iarger 
constituencies  of  a  dififerent  tyiw.  The  men  living  in 
states  where  the  town  meeting  h.as  flourished  for  cen- 
turies should  be  the  last  to  feel  that  the  initiative  and 
referendum  are  in  and  of  themselves  revolutionary 
propositions. 

On  tile  other  hand,  the  advocates  of  tiie  initiative 

6i 


TlIK    IMTIATIVK.    KKFlikriNDUM    AND    RFXAIJ. 

.-•'..I  rcfcmuh,,,,  >l,n.,M.  i„  ,1,,;^  unu,  n-tuvmlKr  that 
those  „K-asurc.s  arc-  i„  thnnsdvos  .ncrcly  .nc-ans  and 
""t  vn.Is;  ,I,a,  ,|,,ir  sum-ss  or  faih.re  is  t..  Ik.-  clctcr- 
•"Micl  n..t  ..„  a  f,ri„ri  rcasoninK  l.nt  l.y  actually  testing 
"j'^v  <'K-y  uork  „„.ItT  varying  c..,uliti,.„.s:  an'.!,  above 
all.  tl.at  M  ,>  io..|,.i,  tu  treat  ilu-sc  .,r  any  ..tlu-r  devices 
f..r  ..l.tannn^'  «-.-•  Rovernn.ent  and  ,«,,n,lar  rule  as 
jnsti>yn.«:   sweeping'    Cnu.le.nnatin,,    „f   all    men   ami 
c<.nmnnnties  ulure  ..ti.cr  Kovernn.ental  methods  are 
pre  erred.     Tl,.,.  is  prohahly  „,.  class  of  men  who 
ouKht    to   st.Hly   history  as  carefully  as  reformers- 
cxcept    reactionaries,    fo,     who,,,    the    need    is    even 
greater.   A  careful  .study  of  ei^diteenth-century  France 
ouKht  t«.  show  the  reactionary  that  the  rejection.  |,y 
the  benehcanes  of  sj^rial  privilege,  of  wise  and  mj. 
crate  proKressiveness.  like  that  of  Turcot,  inevitably 
tends  to  pro<luce  the  ,„ost  calamit.n.s  explosion;  and 
""  "c  other  hand,  the  ultra-reforn,ers  will  <lo  well  to' 
ponder  the  iuim  ,lone  in  thcir  turn  by  the  Jacobins, 
the  inevitable  reaction  p,odu,ed  by  their  excesses,  and 
cs,.c.c.ally  by  the  .,ueer  att.tu.le  they  assunie.l  when 
I'cy  hrst  <lef.cd  the  people  and  de,nan,led  the  abso- 
ute  rue  of  the  people  and  then  .Icclined  to  subn.it  to 
He  jud^,„ent  of  the  very  people  they  ha.I  just  defied 
because  that  judg.nent  was  not  s.nkieiUly  favorable 
Ihc  mil      ,ve  and  the  referendum  are  devices  for 
giving  bate,     nd  more  i,nnK.,liaic  eflfect  to  the  popular  ^ 
w.! .     It  ,n  auy  g,ven  state^Vermont.   for  instance,    ^^ 
or  Massachusetts,  or  New  Hampshire,  or  Xew  Jersey 
or  New  \ork-the  ix^ople  are  not  ,iow  ready  to  adopt' 


NATIONALISM   AiND   POPULAR   RULE 


cilluT.  (»r  evfii  if  they  never  Iwconic  ready — why.  that 
is  their  affair,  and  the  genuinely  Proj^TCSsivc  leader 


will  nn  more  osiraci/e  and  read  out  (»f  the  o 


»nj|>iiny 


of  Proj^ressives  a  Xew  I'.n^land  state  which  think? 
it  can  achieve  (N)|)ular  j^overnmcnt  without  the  refer- 
endum than  he  would  read  out  some  state  in  another 
piirt  of  the  country  i>ecau>e  it  has  never  adopted  the 
t«  wn  meetin^r      iVrsonallv    I    >houId  like  to  see   the 


initiative   and    referenchim.    with    |m»i)er   safeKuard 


adopted  j^'enerallv  in  the  states  of  the  L'ni< 


tn,  ami  per 


:>i 


sonally  I  am  .virry  that  the  Xew  l".nj;land  town  nieet- 
injj  has  not  .s[)read  throughout  the  I'nion.     Hut  I  cer- 
tainly  do  not   intend   tt>   part   company    from   other 
Progressives  who  fail  to  sympathize  with  me  in  either 
view,  and  I  do  intend  to  insist  with  all  the  strength 
I  have  that  each  device  is  a  <levice  and  nothing  more, 
is  a  means  and  not  an  end.    The  end  is  go(xl  govern- 
ment, ohtained  through  genuine  iM»pular  rule.     Any 
device  tliat  under  gnen  condiii(»ns  achieves  this  end 
is  goml  for  those  conditions,  and  the  value  of  each 
device  must  he  tested  purely  hy  the  answer  to  the 
question,  does  it  or  does  it  not  secure  the  end  in  view  ? 
One  of  the  worst   faults  that  can  he  committed  hy 
practical  men  engaged  in  the  dimcult  work  of  self- 
government  is  to  make  a  fetish  of  a  name,  or  to  con- 
fouml  the  means  with  the  e"  '      The  end  is  to  secure 
justice,  e<iuality  of  opportunity  in  industrlaf  as  well 
as  in  political  matUn-s,  t^safeguard  tirrlnterests  of 
all  the  iwople,  al'id  toTvork~^7tjr-a  system  which  shall 
prujuutc  the  general  diilusion  of  well-being  and  yet 

6S 


TIIK  IMTIATIVIi.   RHI-likl-NDUM   AND   RECALL 


m 


Kivf  ample  rewank  to  those  win.  in  any  walk  of  life 
ami  itt  any  kind  of  \vork  rcncjcr  exceptional  service  to 
the  conitnunity  as  a  uholt-.  We  «Io  n..t  want  to  pro- 
duce a  (lead  level  of  aviiievement  and  rcwanl ;  we  want 
to  ^ive  thf  eNccpiiniial  rewards,  in  the  way  of  appro- 
hation  or  in  \\hate\cr  "IIkt  fashion  nia\  l>e  tiece-sary. 
to  the  exceptional  men.  the  IJTicolns.  ( irants.  Mar- 
shalls.  I-ajieisons.  Lonj^fellows.  j'jiisons.  IVarys  who 
each  in  his  own  line  does  some  sjnrial  servic:  hut 
we  wish  so  far  as  iK)ssihle  to  pre\cnt  a  reward  heinj; 
given  that  is  altoj^^-ther  «lis|)rojM)rtionatc  to  the  serv- 
ices, and  e«ipecially  to  prevent  hnge  rewards  coming 
where  there  is  no  ser\ice  or  indeed  where  the  action 
rewarded  is  detrimental  instead  of  hencficial  to  the 
public  interest. 

Ours  is  a  government  (.f  laws,  hut  ever\  one  should 
keep  always  k'fore  him  the  fact  that  tio  law  is  worth 
anything  unless  there  is  the  right  kind  of  man  hchinrl 
it.      In    tropical    .\merica    there   are   many    repuhiics 
whose  constitutions  and  laws  are  practically  i<lentical 
with  ours,  yet  some  of  these  repuhiics  have,  through- 
out their  governmental  career,  alteniatcl  hetwecn  des- 
potism and  anarchy,  and  have  failed  in  striking  fash- 
ion at  every  pf)int  where  in  etpially  striking  fashion 
we  have  succeeded.     The  difTerence  was  not  in  the 
laws  or  the  institutions,  for  they  were  the  same.     The 
difference  was  in   the  men   who   made   Uj)  the  com- 
munity, in  the  men  who  administered  the  laws,  and 
in  the  men  who  put  in  i)ower  the  administrators. 
If  we  choose  .senators  by  popular  vote  instead  of 

fi6 


NATIONALISM  AND  POPULAR  RULE 

throti^h  the  legislatures,  we  shall  not  thcrchy  have 
sconri'tl  j>;(K)(|  representatives;  we  shall  niercly  have 
^ixtii  the  iK'u|>lc  a  In'ttcr  chance  to  ^M't  ^'(mmI  represen- 
tati\tN  If  they  ch.H^e  had  nK-n.  unworthy  men, 
uIkiIkt  their  nnworthine^s  t;ike  the  form  of  corrii|>- 
tion  or  (leinaj^'o^y,  of  truckling  to  s|K'cial  interests  or 
of  truckling  to  the  tnoh,  we  5»hall  have  v\i<rkiMl  no 
int|tro\enient.  There  have  l)een  in  the  past  plenty  of 
unworthy  fjovernors  and  conjjressmen  eleited.  just  as 
there  h.ive  hcen  (>lenty  of  l)a<l  senators  elected.  Simi- 
larly, if  the  direct  primary  merely  n'cans  additional 
expense  without  com|>ensatinj{  advan'ane  in  wise  and 
just  action,  the  j^ain  will  In?  nil.  At  present  there  arc 
cities  where  the  direct  |)rimary  ohtains,  in  which,  so 
far  as  I  can  see,  the  l)oss  system  is  alxmt  as  firmly 
routed  as  in  tliosc  cities  where  the  direct  primary  has 
n(»t  heen  introduced.  So  with  the  initiative  and  the 
ref'  rendnm.  \'ermt)nt  has  neither;  Orcjj<»n  has  hoth. 
In  whi-  hever  state  there  is  the  less  corruption  and 
greater  justice,  in  whichever  state  the  elected  repre- 
sentatives of  the  jH'opIc  are  more  upright,  clean  and 
iihle,  in  whichever  state  the  jKMtple  are  lliemselves  wiser 
in  action,  more  prom|>l  to  fecognize  and  reward  goml 
service  and  fearlessness  and  iiide|M'ndeuce  in  judge, 
govcrui"!  senator,  or  congressman,  why.  in  tl.at  state 
We  shall  find  the  hest  government,  wholly  without 
regard  to  the  particular  device  hy  which  the  govern- 
ment is  ohtained.  If  hoth  states  show  equally  well 
in  these  matters,  why,  it  means  that  each  has  devised 
the  instrument  best  suited  for  its  own  needs.     It  is 

67 


IP 


Tin:    IMTIATIVK.    RKl  I  I'KNDiM    wr)    RF.(  ALL 

f'Hy  tmi  t.,  a.lopt  ilic  m-w  JiiMnirnnU  if  c\|hmiciioc 
sIm»vv»  it  to  lie  .'III  iiiMruittfiii  which  u>ii.illy  priHitices 
kttir  rt-Miils;  aii.l  if  wi  arr  roiivinced  ili.it  it  is  a 
iKtiiT  inslniim-nl.  thni  uc  >\u,iM  cn.jcavur  hv  rciv.n 
aii.l  arKiimnit  t..  nit  uiir  iu'inhh..rs  to  .iilopt  if;  hut  it 
IS  aJM,  tnlly  to  refuse  t(»  work  with  jjooij  mv.  ./ho 
are  strixitjj;  for  ihi-  same  i»r<»ijres^ivr  vtuU  as  we  are, 
merel)  hei;m>e  thrse  y,„„|  tuvn  prefer  nhjer  iiisirii- 
nienis  than  those  which  we  klievc  to  lie  liest  fitted 
for   the   pur|)oH' 

I  iK'heve  ill  .idoptmR;  every  deviv.   f..r  iH»fiuIar  fjov- 
ermnent  which  is  in  theory  jjood  and  when  the  prac- 
tice  JH'ars  .iit  tlie  theory.      It   is  of  course  true  that 
e.ich   is  only  a  device,  and   that   its   worth   must  lie 
shown  in  actual  practice;  ami  it  is  also  true  that  v      re. 
as  with  ns.  the  people  are  masi.    s.  the  fno>t  vital  neetl 
is  that  they  siiall   show   self-ma    cry  as  well  as  the 
ix>wcr  to  master  their  servants.     (Utt  it  is  oiten  im- 
IK.ssihle  to  csfahlisli  genuine    H.pi.Jar  rnic  ami  ^et  rid 
«>f  privilcKc.  witlnnii  the  use  of  new  (h  .ice-  to  meet 
new  needs.      I   think  (!iai  this  is  the  situation  uhich 
now  confronts  us  in  the  United  States,  and  that  the 
a<loption  in  principle  of  the  pi-ojjranime  on  which  the 
rrnjjressives.  esiiecialiy   in  the   West,  are  temiiiiK  to 
unite,  ofTers  us  the  k'st  chance  to  achieve  the  desired 
result. 


aiAPTF'K  rn 


TIIK   ISSlflCS  Ol     HKKWM  ' 


TiTF,  prliti.al  (liscus5ii()n«i  nf  rtT^nt  years  concprn- 
ing  the  refcrrn  of  (.iir  |X)litKal  imt)i<M|s  have  c;irried 
II  >  Iwck  to  where  we  hegan.     We  s^t  out  u|x>n  our 
jKjHtical  advinturt'H  as  a  nation  with  one  distinct  ob- 
ject, nnniely,  to  put  the  contnd  of  ijovcrimH'nt  in  the 
han<ls  of  the  iK'ople.  to  set  tt|)  a  ^(nernment  hy  puhHc 
opinion    thoroughly   democratic    in   its   strmture  and 
motive.      VVc   were  more   interested   in   that   than   in 
Juaking     it     eOicient.       Kfticiency     meant     strength; 
trenjfth  mivhi  mean  tyratmy;  and  we  were  minded 
to  !i.  >   liN'Mty  at  any  cost.     And  now.  Uhold.  wh<-n 
our  e'j^rinient   is  a   hundred   an<l   thirty  <Mld  years 
<  !'l.  we  thscover  that  we  have  neither  efficiency  nor 
c  .i.irol.     !t  is  stated  and  conceded  on  every  side  that 
our  wh«)le  representative  system  is  in  the  hamis  of  the 
"inachine";  that  the  people  do  not  in  reahty  choose 
their  representatives  any  longer,  and  that  their  repre- 


•  By  Oovcmor  Woodmw  Wilson.  Riprinted  by  pmtiissR>n. 
in  part  from  the  Norlh  Ameriean  Review,  May,  iqio.  anu  in  jwrt 
trom  an  address  on  "The  Issues  of  Rpform."  dflivered  in  Kansas 
City  on  May  5,  lyu. 


THF.  INITIATIVF.:.   RRFF.Ri:.\nrM   AND   RECALL 

si'ntativi's  do  not  serve  tlu-  jjcueral  interest  iiuless  dra- 
«:<..»nnl  iiiiii  loiiij;  s«»  l)y  extrannlinary  forces  of  aKJ- 
tati:.n.  Inn  are  cmurnllnl  hy  personal  and  private  in- 
flnenees:  that  there  is  no  one  anywhere  ulioni  we  can 
hold  pnhliely  res|H.nsil.Ie.  and  that  it  is  hide-and-seek 
uho  shall  he  punished,  who  rewarded,  who  preferred, 
who  rejected;  that  the  processes  of  ^r„vcrnnient 
amongst  •  s  in  s|„,it.  are  hapha/ard.  the  processes  of 
control  ohM-nre  an<l  iiullet  tnal.  And  so  we  are  at  the 
hej^Mnninj^r  aj.jain.  We  nuist.  if  any  part  of  this  Ik- 
true,  at  once  devote  onrselves  .ij^Min  to  findinj^'  means 
to  make  onr  j^nivernmmts.  whether  in  our  cities,  in 
our  states,  or  in  the  n;iti..n.  representative.  res|)4)nsihle 
and  efficient. 

I'.lluiency.  of  course.  <lej)ends  largely  u|Hin  orjjan- 
i/ation.  I  here  must  he  definite  aulliority.  centiMe<l  in 
someJHMly  in  particular  whom  we  can  ohserve  and  con 
trol.  and  an  organization  huilt  ui«»n  oiK'dience  and 
coo|)erati<.n.  an  orj^'anization  which  acts  toj^'ether.  with 
system.  intelli]t,'ence  and  enerj^^y.  \\'e  were  afrai.l  of 
such  an  orj-jiuizalion  at  the  outset.  It  seemed  to  mean 
the  concentration  of  authority  in  too  few  hands  and 
the  settin^r  „,,  ,,f  ^  jr.vernnunt  which  mij,dit  he  too 
strotitj  for  the  jjcoplc.  Our  chief  thought  was  of  con- 
trol Wo  c(»nclude<l  that  the  last  means  of  ohtainin^ 
it  was  to  make  practically  every  olVice  elective,  whether 
.ureat  or  small,  superior  or  sulM)rdinate;  to  hrinjr  the 
structure  of  the  j,'overnment  at  every  iM)int  into  direct 
contact  with  the  people.  The  derivation  of  every  part 
of  it  we  desired  should  Ik?  directly  from  the  jjeople, 

70 


• 


THE  ISSUES  OF  REFORM 


Vv>  were  very   shy  of  apfwintmcnts  to  office.     We 
wished  only  elections,  frequent  and  <hrect. 

As  part  of  the  system— we  supiKjsed  an  indispens- 
able part — wc  defined  the  (htties  of  every  olVice,  jjreat 
or  small,  hy  statnte.  and  pave  to  ev»ry  oftuer  a  defi- 
nite k'fjal  in(lei»endence.     We  wished  him  to  take  his 
orders  <tnly  from  the  law — not  from  any  snperior,  but 
from  the  i)eople  themselves,  whose  will  the  law  was 
intended  to  enilMxly.     No  officer  apjxiinted  him  and  no 
officer  could  remove  him.    The  i)eople  had  given  liim 
his  term,  short  enough  t(.  keep  him  in  mind  of  his 
res|Kinsil»iIiiy  to  (hem.  and  would  not  suffer  any  one 
but  themselves  to  displace  him.  unless  he  Iwcame  him- 
self an  actual  breaker  of  the  law.     In  that  case,  he 
nu^ht  Ik-  indicted  like  any  other  lawbreaker.     But  his 
indictment  would  Ih'  a  family  afifair;  no  discipline  im- 
posed upon  him  by  his  superiors  in  office  but  a  trial 
and  judgment  by  his  neighlM^rs.     A  di.,trict  attorney, 
elected  on  the  same  "ticket"    with    himself,    would 
bring  the  matter  to  the  attention  of  a  grand  jury  of 
then-  neighbors,  men  who  had  in  all  likeliluxKl  voted 
f(<r  them  Ixith.  and  a  jHtit  jury  of  the  same  neighbor- 
hood would  hear  and  decide  the  case  if  a  true  bill  were 
found  against  him.      He  sto<.d  or  fell  by  their  judg- 
ment of  the  law.  noi  by  his  character  or  efficiency. 

.\  slieriti  in  one  of  the  states  suffered  a  prisoner 
to  be  taken  from  hitn  by  a  mob  and  lianged.  He 
made  ii..  show  or  pretence  even  of  resistance.  The 
go\eni(  r  of  tlu'  state  wrote  him  a  sharp  letter  or  re- 
buke for  his  crinunal  neglect  of  his  duty.     He  replied 

71 


THE  IXniATIVE.   REFERENDUM    AND   RECALL 

in  an  opt-,,  Icttt-r  in   wind,   !..■  I.l„.,flv  re.|ueste«l  the 
jrovcniur  to  ,nin,i  his  .-wn  |.,isim-ss.     The  intoii-sting 
feature  <.f  tlu-   rtply   was   nnt   its   nnpn.knce.   i.iit   the 
fact   that   It  could   |,r   written   with   ,H.Mt.rl   unpunitv 
The  fact  was  a*  Ir-  ha.l  statnl  it.      i  k-  was  not   re- 
siK.t.sihlf  to  the  K'overn.^  or  t.   anv  other  i.fticer  what- 
ever, hut  only  U.  the  voters  of  his  nti^r|,b,>rh..o(l   many 
of     whom     had     <on.l..>e,|     the     n,o|,     whuh     took 
his    i.nsuner    fro,„    hini    and    han^a-d    him    at    their 
leisure,     lie  wa^  never  called  to  acco.nit   for  what  he 
had  done 

'I  his   is   a   sample   of  oi„-   direct    responsihiliiy   to 
the  people  as  a  lej^^al  system.     It  was  very  serviceable 
and  natural  so  lonjr  as  our  cmmunil  es  were  theni- 
^ehes  simple  and  homoKeneons.     The  (,ld  New  l-njj- 
land   town   meetir.fer.    for  example,   was  an  admirable 
instrument  of  actual  self-^r„vcrnment.     Where  neigh- 
lK>rhoo<ls  are  small,  and  nei-hlxus  know  one  another, 
they  can  make  actual  selection  <.f  the  men  they  wish 
to  put  into  office.    Kvery  candi.late  is  known  by'every- 
bo<Iy.   and   the  olVicers   of  government    when    elede.j 
serve  a  constituency  <.f  whose  interests  and  opimons 
they    are    keenly    an.l    intimately   aware.     Any   com- 
munity whose  elements  are  h<.mogeneous  and'  whose 
interests  are  simple  can  j^cvern  itself  verv  well  in  this 
niformal   fashi..,,.     The  jn-ople  in  such  a  case,  rather 
than   the  g..vernment,   are   ih  ■  organism.      Hut   those 
simple  days  have  gone  by      The  people  of  our  present 
communities,  from  one  en.l  of  the  countrv  U>  the  other, 
are   n..t    hom.>geneou>    but   coniposUe.    their   interests 

7^ 


THE  ISSUES  OF   REFORM 


\.iri«'(l  .tiid  f\t«'ii»|»*d,  t(i^K  life  (nnijilfx  an.-!  intricate. 
Mil-  \i)ti'r>i  win.  makf  rlwn  up  .tn-  hir^'Iy  >lr.iiij,'ers 
Im  t;i-li  titlur      Idwii  nKH-tinj^*i  an-  .mi  ..f  the  (|ut'stiun, 
(•\a'jit   f(ir  tin-  most     forir.al    |inr|M>sfs.    {j^rfiinctorily 
servt'il;  liU-  ^wtcps  ar"iii!c[  a  tliousaml  cenkTs.  ami  the 
<'!<I   piMicsses  ut  select ii.ti.   the  <A<\  i.as«*s  (if  resfxmsi- 
i'ility.   arc   impossiWe.      ( Mticrrs   of  ^''^ fnutUMJt    used 
t<i  he  rt'sjMin^ihf*-  itccausc  they  wt-n-  kn<.vvn  an«l  closely 
ohst-rvt'd  l.\    iieiii-jih. ir<  <ti  \v!i«.sr  npniifiuv  and  Mrc>er- 
eiices  Ihcy   w ( iv    familiarly  awai-  ;  hut    n<»w    they  are 
iinkii..\v!i.  ihf  >er\anH  nf  a  p«jlitical  or^anizatifm.  not 
"\   tiuir   iM  ii,'hlM.rs,    irn  s|)4.nsifji«-   Ixjcauw     ihscure.  or 
iM'taiiM-    Ich  iidcd  hy  the  \ i  ry  r<>inj»k'xity    "^    he    \ stetn 
of    uhi.h    I  hey    f..rni   a   part.      The  elective    rteiiK  on 
e\(iy    voter's   pr.>i;raintne    of   duty   h»v»-   |)ec<mie   too 
fimiKToiis  to  Irt    (K-ali   vvit'.i  x-parately  and  are.  lunse- 
'|M«ntl\,  deall  with  in  flw  nvd^s  and  hy  a  nrw  system, 
I  he   s>si(ni   of  p«)liii<al   tnachinery  aj^ainst    which   we 
fiitilely  cry  out. 

I  s:\y  ■  futilely  cry  -)ut  '  iH-cause  the  machine  is 
hoth  natural  and  indis|K-n.sahle  in  the  circumstances  and 
cannot  |>c  a1".!i^h<-d  unless  the  circumstances  aie 
<  han^ffd.  an<l  very  radically  chanjrfd  at  that.  We  have 
.uuin  the  i»eoplc  someliinjj  so  vast  and  complicated 
t«'  do  in  a.skinijf  them  to  select  all  the  officers  of  j.^overn- 
•iient  that  they  catux.t  do  it.  It  must  l)e  done  for  them 
hy  proUssionals.  There  are  so  many  men  to  he  iiame<l 
tor  ohico;  It  is  futile  to  name  one  or  two  unless  you 
:';inie  a  uh(.|e  ticket,  the  (.riices  that  hll  a  ticket  are 
-o  many  and  .so  ohscure  that  it  is  imiM>ssihle  the  thiiij^' 
6  73 


h£i 


^'    i  t 


TIIK   INITIAIIVK.    RKFF.KENUUM    AM)   RECALL 

should  k-  clone  inlnrnially  and  ..fTh.-nid  hy  dinrf.  un- 
assisted iK.pnIar  chouc.  llitTf  ninst  he  a'  |.telnnMiary 
process  of  selection,  of  nomination,  ot  pie|Mrin^  the 
'icket  as  a  uliole.  unless  there  is  to  l,c  !io|Kless  confu- 
sion, names  put  up  at  haplia/ani  an.l  iioIhmIv  elected  hy 
a  riear  majority  at  the  end.  I  he  m.ichme  "is  as  yet  an 
nulisiKiisahle  instrumentality  of  oui   iM.iitics. 

I'lihlic   opinion    in    the    I  ,.ited    States    was    never 
better   informed,   never   more  intelli^-ent.   never   more 
eajfer  to  make  itself  felt  in  the  control  of  government 
t.M   the  k'ttermeiii  .,f  the  nation  than  it  is  now;  and 
yet.    I   venture   to  sav,   it   was  never  m..re  helpless  to 
obtain  its  pin|).,ses  hy  ordinary  and  stated  means.     It 
has  to  resort    to  c..nvu!sive.  aj^itated.  ahnost    revolu- 
ti-nary   means   to   ha.e    its    wav.      It    knows   what    it 
wants.     It  wants  ^uml  men  in  office,  sensible  laws  ad- 
justed to  existuijj:  conditions,  conscience  in  affairs  and 
intclli^rt.,„.v  ,n  then-  directio!,.     Hut  it  is  at  a  loss  how 
to  jji't  these.     It  tliusjs  itself  this  way  and  that,  fright- 
ens this  «:roup  of  politicians,  i)ets  thai,  hopes,  protests, 
demands,  hut  cannot  j.,r(,ve!ii. 

In  lis  nnpatience  it  exa^'j^a-rates  tlu  inehiciency  and 
Ijad  morals  of  its  j^overnments  very  i^it.ssly  and  i>  very 
unfair  to  men  who  would  serve  it  it  they  could,  who 
do  serve  it  when  they  can,  hut  who  are  cauirht  in  the 
same  net  of  complicated  circumstances  in  which  opinion 
finds  itself  involved.  There  is  no  just  j,'round  for  U-- 
lievin^  that  our  lei,'islative  and  a(hninistrative  bodies 
are  generally  corrupt.  They  are  not.  Tlu-y  are  tnade 
uj.  for  the  most  |«rt  of  honest  men  ulio  are  without 

74 


THE  ISSUES  OF  REFORM 

leadership  and  without  free  opportunity:  who  try  to 
iiuderstiuid  the  pubhc  interest  and  to  dt\ise  measures 
to  a<lvanie  it.  hut  who  are  sulMjnhnate  to  a  jiolitical 
system  which  tliey  caiuu.t  dominate  or  ij^non-      The 
machinery  of  the  h<,(hes  to  which  they   hclonj^^  is  i«- 
orjianic.    as    decentrahzed    as   our    elective    processeu 
wotihl   lead  .ine  to  cxjiect.      No  one  |)erson  or  j^rnnip 
«f    |it-rsnns   amongst    them    has    l»ren   autlx^ri/ed    by 
the  circumstances  of  their  ( feet  ion  to  lead   them  or 
to    assume    res|)ons  hihr\     for    their    pr..^r,au,„„,.    ,,f 
action.     They  thercf«ire  parcel  .nit   iuitiatist-  aiul   re- 
spi.nsihility   tn  ci.nformity    with   the  ..l)vi..iis  dictates 
of    the    system.     They    fait    their    business    in     tfie 
hands    of    committees— a    committee    for    each    mil»- 
ject  they  have  to  handle— and  jjive  each  of  their  nwim- 
bers  a  place  up«.n  some  committee.  The  measures  im- 
posed to  them,  therefore,  cine  from  the  four  .,.iartrTs 
"f    heaven,    from    membrrs    big    and    little,    kn.mn 
and     unknown,    but     never     from     any     respoiisT*ir 
M.urce.      There   can   be    neither  consistency    nor   cor^ 
tiiuuty   in  the  policies  they   attempt.     W  bat   they  *. 
cannot  be  watched,  and  it  cannot  be  itself  organize.! 
."id     made    a     whole    of.     There     is    s..    much     ..f 
It  and  it  is  s«.  miscellaneous  that  it  cannot  be  de!)ate(i. 
Ilie  individual  member  must  do  the  best  he  can  amidst 
the  confusion.     He  has  only  an  occasional  part   and 
opportunity. 

He  is  controlled,  as  a  matter  of  fact,  from  out-of- 
dcx)rs— not  by  the  views  of  his  constituents,  but  by  a 
party  organization  which  is  inte.ulcd  t..  hold  the  hetero- 

75 


THK   INITIATIVE.    RF.FRRF.NDIM    AND    RF.CAI.L 


jjeiu'uus  I'lt incuts  of  our  extraordinary  |M»IiticaI  system 
tof(itlifr. 

W  Ikmi  |MiItIio  ojiitiion  f.;rows  particularly  rcstU-ss 
rni<I  iuipatiiMit  of  oitr  prcsi-nt  party  or^rimi/atiou.  it  is 
conunon  to  luar  it  ikfendcd  by  thr  arj^uiufut  that 
parties  arc  iitTi'ssary  in  tin-  omduit  of  a  ]Hipular  j4o\ - 
crnniciit ;  and  the  arminu-iU  can  la'  su>tainfd  Ity  very 
sound  aid  I'loijui-nt  passages  out  (»f  liurke  and  many 
auotlu-r  puMif  man  of  the  I'",nj4li>h  ^ueakinL.';  peoples, 
who  has  heen  Ik-Iuw  the  surface  <»f  affairs  and  c«in\  inced 
us  of  the  real  philosophy  of  our  form  of  j^ovcrnment  ; 
hut  the  armiiuiiit  is  «|uite  aside  from  the  |M»int  Of 
course  ]iar)its  are  necessary.  'Ihcy  are  not  only  neces- 
sary hut  (k'sirahlc,  in  onlcr  that  conviction  upon  i;reat 
pnhlic  (|uestions  may  he  orj^faiii/ed  and  iKtdics  of  men 
of  like  oj)inioii  and  pur|Mise  hrouj^ht  toj^ether  in  effec- 
tive an<l  haltitual  c<Hi|K-ration.  Successful,  orderly 
popular  j,'^overnment  is  imjMissihle  without  tluiu  lint 
the  arj-unieut  for  our  own  particular  oti,r;iiii/ation  of 
l)arties  is  ipiitc  another  niattcr.  'i  hat  orijani/ation  is 
uudouhtcdiy  necessary  in  the  circumstances,  hut  you 
cannot  prove  its  necessity  out  of  I'urke  or  any  otiur 
man  who  made  |K'rmanent  analysis  of  Iil)erty.  W'e 
could  have  parties  without  orjj^ani/injf  them  in  this  par- 
ticular way.  There  have  heen  i)arties  in  free  jj<jvern- 
ments  time  out  of  mind  and  in  many  parts  of  the 
world,  hut  never  anywhere  else  an  organization  of 
parties  like  our  own. 

.\nd  yet  that  oruatiization  is  for  the  time  I»eing 
necessary.     It  centers,  asevervhody  knov\■^,  in  the  noin 

7t> 


i  t 


THF.  ISSUF.S  OF  KKFORM 


iiiatiiur  iiiacliiiifry.  'Ilurt-  tonlfi  Ik-  no  parly  <»ruatiiza- 
iKMi  It  our  I'K-ctivc  sysU-in  wcrf  literally  carrit'*!  out 
as  II  was  intvn«K«l  !>•  Ik-,  hy  ilir  actual  direct  ami  iu- 
fitriual  st'ltTtiiMi  nf  cvi-ry  oIVkht  nf  ^nvtrunifiit.  uot  by 
party  aj.jfnts  or  Uailcrs.  hut  bv  the  .seatttrn!  voters  of 


the  thousand  neii^hhorhoods  of  a  vast 


coiintrv. 


It 


was 


necessary  to  (le\i>e  some  machinery  l»y  wliirh  these  in- 
tuimerahle  choices  should  he  coordinate<l  and  stjuared 
with  |iarty  lines  It  was  a  inij,'e  husiness  and  called 
for  a  ci»mpact  and  el'ticiiiit  orj^^'anization. 

Moreover,  ttiere  was  more  than  the  process  of 
selection  to  Ik'  overseen  and  directed.  Slndent^  ..f  our 
|M>Iitical  methods  have  not  often  enonM;|i  hroni,dii  into 
their  reckoninj;  the  great  diversity  of  sticial  and  eco- 
nomic interest  and  <levelo|(ment  that  lias  existed 
amonjr  the  difl(  ent  sections  and  re;!..jions  of  this  vari- 
ous countr\,  which  eve:  yet  shows  c\erv  st,i,!4;e  and 
variety  of  growth  and  make-up  Ai\i\  an  cxtraordin.n  v 
tnistme  of  races  and  ele.nents  of  iiopnlatiim.  I?  lias 
heei)  necessary  to  keepthi^  miscellaneou  Ihiiv  ti-.i;ether 
h>  lontiimal  exterior  prehsire.  t<i  give  it  a  cumuton 
direction  and  conscumsness  oi  juirpos*  hv  sheer  f-.rce 
and  organization,  if  |)olitical  acti-n  vM-re  n<i!  [..  hccitnie 
hopelessly  confused  and  disordered,  !t  was  iint  con- 
scious of  any  immediate  solidarity  oi  interest  or  ob- 
ject. It  might  have  broken  up  into  a  so.re  it  groups 
and  coteries.  We  might  have  had  more  parties  than 
I'Vance,  as  many  sections  o\  political  opinion  as  there 
were  distinctly  marke«l  regions  of  jM)pnlation  and  de- 
velopment     Party  interest  has  been  kept  alive,  party 

77 


ff 


THF    fVITlATIVE.    Rl  IKKHNDrx,    Axn    KKCALL 
J-'urK.v  s,Hm,laU-.|.  by  cUruMinK  M  !.,cal  .u^-nt,  and 

urnna,...,,.  .vcrc  re«„larly  ..kmIc  a„.|  „r,e.l  „,..n  the 

^'•<T>  .y.,rKan./c.,Ua,n,.a„M,s.  uIu-.Ikt  fJuu-  ut-rcanv 

na.nralrcaso„or„.,  .,,,.inanyKivcn!.„ali,v.,h,s 

pnr^v  or  UKUslu.„,d  Ik.  proferr.1:  and  national  ,«rti^^ 
» ;  vc  iHcn  puvcl  .n.^clur  o,„  c.f  ,Ik-sc  l..al  fragments 

o  X'wI'T''  r 'V"''^  "" '"^^'^^^'^^  ••' '»^--«'-''" 

nr  ic  I  ■',        "•  ""  ''""  ''"^'  ^•'^'-  --'•'"»•-« 

parties  conl.1  have  k-on  tna.k.  ...„  ..f  such  hcten.Kene- 

"us  materials  an«|  such  .liversihcl  interests 

I  he  result  has  k-cn  that  the  nomn.atin,.  machinery 

-  lKH-on,e  .!,e  l«cklK>ne  of  ,«rty  or,.„u.at.on.     By 

■t  local  lea.lers  are  reuar.led  with  infl„ence  or  office 

a-  »<q.t  loyal,  watchful  and  ener^ct,.      Hv  ,t  nat.onal 

maj..r.t.es  arc  p.ece.l  t,.Kether.     If  one  ^<^s  hack  to  the 

so..rce  of  ,h.s  „,a„.r.  therefore.  ,t  i.  ean-  to  see  that 

•'"•  ""mnK.(M„.  machine  was  no  barnacle,  but  a  natural 

growth,  the  natural  fruit  of  a  system  which  made! 
necessary  to  elect  every  ot>^cer  of  government.     The 

voter  has  not  the  leisure  and.  therefore,  has  not  the 
l<r,owled«:e  for  the  difficult  and  uUricate  business    He 
|-HM  organise  a  K<.vernment  every  year  or  :.o.  make 
tip  Us  whole  ,K-rso,n,eI.  apply  its  punishments  and  re- 
wards.  efTect  its  dismissals  and  promotions.     Neither 
■s  there  any  officer  or  any  group  of  officers  of  the  gov- 
emment  uself  who  can  organise  it   for  him.   for  no 
orhcer  has  the  legal  authority.     The  structure  of  the 
R^overnment  ,s  disintegrated  by  the  law  itself    so  far 
as  Its  ,)ersonnel  is  concerncl.     The  constitutions  and 

78 


Tin-    ISSUES  ()!•    kl-.IORM 


'Statute «.  I»v  vvhitli  tin  nlVi 


CIS  ait  main!  t  ii<|f.iv«ir.  nf 


tniirsc.  u,  iiilvyr.tif  iIh  ii  fuiuliMiis ;  tint  tlu-y  .lisintf- 
K'rati-  lluir  iNisomuJ  |,\  m.ikin;^  t;u|,  ..OUcr  ihc  direit 
di..ia-  Ml  ilu-  ^.,|,rs.  '|  !„•  ,.„|y  |m.>mI,U.  im-ans  ..f  in- 
««'tr»-.'ili"i.   Iifs  .MilMdf  j,'«nfrnincnt«.,   I  here  fort-,  an.l   is 


'\tia-lry.il      It   is  till-  I 


M'lniiKitiii^  mailiiiif.     '\hv 


ma- 

•liiiif  applus  till-  iK'a>s;irv  (liMi|.|iiK-  of  a.|iniMistrati..ii 
an.l  ki-f|i>  the  M-|K.ialfly  cl«rtnl  ..Miars  of  .,nc  iiiiik!  in 
tlu-  iKrfniinamc  ..|  their  .iiitics--loy;,l  l..  ai;  ixtc.ior 
orj^'ani/aiiou. 

riic  piinishnuiit  it  inllitts  is  .Iflinitrlv  and  dearly 
tiiKl.rst.MMl,  It  uill  II. ,t  ri-iinininatc  :o..  n  s\]u^ 
when  ill  oIVkv  has  Ik-  n  .|is..|K(litiit  to  \m:i.  nm.m.ls. 
It  '-an  in  tlUrt  .lisiniss  in.m  oirui.  Any  oiu-  who 
wishts  to  remain  in  pnhlic  lite,  at  any  rate  in  the 
sinalUr  an<l  less  o.nspienons  ofiices  within  the  ^ift  of 
lilt  inana^ti-.,  niiist  keep  in  their  j^oo.l  ^rmees.  Inde- 
pcndeiue  ..ffends  the  niaehine  deeply.  .hs..lH-.|ienee  it 
will  not  t.'Ierate  at  all.  Its  watehfniness  never  tla^js; 
its  disei|)lme  is  eontimions  and  eCfeclive.  It  is  the  ehief 
nisirnment  of  party  j^'overninent  under  our  system  of 
elections 

Thns  have  we  necessitated  the  settin;;  up  outsi<Ie 
the  K..verninent  of  uhat  we  were  afraid  oursvHes  t(. 
set  up  inside  <.f  it:  o.iicentrated  power,  aihninistnaive 
discipline,  the  authority  to  appoint  and  <!imniss.  !  ,,. 
the  iMHver  t..  nominate  is  virtually  the  p.-wcr  f-  ap- 
point  and  t..  dismiss,  as  FVofessor  Ford  ha.^  iK.iin^d  out 
HI  his  lucid  an.l  omvincinK^  "  Nisc  and  (In.w  h  of 
American  Politics  "     It  is  exercised  hy  the  iM,ssf.-    in- 

79 


«  ^ 


Hn:  iniiiaiim:.  ki  i  i:ki:ni)1  m  and  i<i.(  ai.i. 


■<ii'a<f  1(1  Ii\  rt  >|Hinsiliif  «>tVucr«  III' ilio  l;i"  i-riiiiu'ii(     In 
IIm-  iihii  uIi.    !i.n«'  »i).iri,'r  <if  i|u-  ii. .imii.itiuy  hwmIiiii 
ir>  .  imii  who  art'  iluiii«.il\»^  ..litn  niiMih  ..iiIm.Ic  ihc 
jj;<  \triiiiK-iit   as  lc-);;illy  <  <.n>ii|iiit d.   )t.,|<|   ii,i  otVnr.   <!•• 
iK-t  a»k  tlu-  |Hn|,|i.   lor  tin-ir  Hi,|ft;,;;c.  anl  art-  piiknl 
fiiM  for  thfir  finicliiti  hy  itriv.ift-  |>n'«»ss,s  i.\rr  wliii  h 
the  |>cn|,)t  havi'  n.MniiitMl  \vlialr\rr      I  Iu\  arc  priv.ifr 
riti/cns   aii<!   c\i-rn^t'  ftuir   |mi\\ii>.   ni   .ivcrxij^ht   ai   I 
maiiaf^'t-nuMit  willi.-tit  any  |.iil»li«-  niv  ilalMMi  uf  .mv  kiiul 
Jusi  Iri-.iuh'  ilitTf  nro  iimiimrr  il)lf  m(Vkcs  \,,  W-  filliM! 
I»y  elt'ttif.ti,  just  luiaitsi-  tlun-  arc  hmt;  aii.l  i-lalxiratf 
tifk»t>  to  Ik-  nia.If  n|>,  jiisi  iK-rausc  it  iiitds  iloso  ami 
nmstaiif  att<  ifi  .ii  in  tin-  m'tir  t..  |Krfonii  the  <lntv  of 
M'UTtinn   s»nvis>lnlly  -aN  (artful  ami   i<iM>|;iiit   atliii 
ti'Mi  ;is  till-  MiiKMinicmlfiit  of  a  ^nn\  Inisim^js  or  tin- 
lu-ail  of  a  )L,Mfat  >^o\tiiiiiuiil  Itiin-aii  fartory.  his  ortu-f. 
or  his  lnirtatt--it  ranm-t  i»osMlily  U-  «Ioiu-  hy  the  voters 
as  a  IhwIv,     It  rc«|iiiri's  too  imuh  knowlfd^c  aiul  |.h» 
imuli   judj^Mmiit.   Ustowcd   u|miii   little  olVues   without 
iiiiiiilKr  as  will  as  n|MiM  .i,'reat.      N'o  olTuir  of  the  j^<iv- 
cininent    is   aiithori/e<!    to   appoint    or    seKrt.       Party 
inaiiaj^ers  must    iiii<lertake  it.  therefore.   \vh<.  are  not 
ofViiers  of  the  i^ov eminent ;  an«l  their  nominations  are 
virtual  appointments  if  they  ln-lom.,'  to  the  sueressful 
party.       The  voters  only  ehoosi-  as  hetween  the  sck-c- 
tious.  the  appointft's.  of  the  oiu-  party  Ix  ss  or  the  other. 
It  is  ..ut  of  the  (|ue.Ntion  for  them  to  make  imiejjemlent 
^cleetions  of  their  own. 

If  t' i<  machine,   thus  housed  ami  administered,   is 
,11     ..ul-«ide  |M)wer  o\er   which   the   votrr   has  no  eoij- 


TMK  ISSLKS  (W  KKK 


)RM 


I '"I     wUiiU  III-  tail  .Icftal  only 
.«  Itrvor  of  rtfori,,.  lie  pn- firs' i  lie  ,;in,|M| 
fcm|i«.i.iry  amat»  ur  m.ulinu-  (tli.n   j. 
|t.^ahl^)  Hct  u|>  l.y  mhik-  xohudnr 


n 


liiiiiilml  "  wliu li   h, 


IN  iiu.liTtakiii 


•  Hrasioiiallv,  when,  i 


Ill's    (if    Villli; 


it'iiniiialiiij;  an- 
il'iiiiiiiticf  of  otir 


•>sUni  wliiili  is  Im  hi; 


.1    riMiir 


U    1     llic 


ImhI 


y.  aiii.itfiirs  nr  )ir..ftss|,,iial 


urn-,  iii.t  iln«  |M,liiitiati>,     S 


'  'UK'- 


'I'lM'ly.     \Vc  ha 


\c  tTcatnl  the  situati 


S  iim>t  supply  what  tluv 


ilianne  it  or  ahi.U-  l.y  its  results  witi 
I'liih.sdphy  as  wo  ran  rumniamt. 


"11  aii'l  imisj  (jtliiT 
»  such  iwiiciKc  ami 


riu- 


re  can  Ik«  nn  misiakniK  the  fact  that 


face  t.)  fate  with  |H.litiial  cliai 
\iry   piufoiin*!  lOVit 
who   do    IK  if 


we  are  now 
iK'CN  whirh  inav   have  a 


n|Hin   our   |M.|ii„a|   life.      'H 


tiiulerstainl    the   iiiiiK'nilinir   ,| 


»<  ise 


•^..Klof  u.      Ihose  wlio,|onn.lersian.|  if  lo.ou   tl.at 
>»  .s  ..ot  a  process  of  revolution,  hut  a  pr..css  of  rcM..r- 
•""••   nUluT.   in   which   .here  ,.  as  „,u.h   luahuK   as 
l".rt.      Ihere  are  strain  an.l  jK-ri     ,h.  ,|onl...  ,„  every 
l'"Kcss   nf   change,    hut    the  chief   j^-nl    n-nies    iru,„ 
•'•"ier.akn.j;  it  in  .he  wron^r  „,„,h,       f,  n,,  ,„„  „,  „,^. 
'••"■Kf  Msclf  so  much  as   in  ihc  nie.h.Kl  of  some  of 
'  .<.se  who  promote  it.    It  is  a  noteworthy  circumstance 
"'•'«  "I  pro,K.r.ion  as  the  ,K-ople  of  ,he  .ountrv  come 
f  reco^ni/e  what  it  is  that  reiuler.  theni  uneasy  au.| 
^vlK.t  ,t  Ks  that  is  pro,K)se.l  hy  way  of  reformation  they 
'■•M-  their  fear  an.l  take  on  a  certain  irrois.ihle  en.hu'- 
^lasia 

Tlie  American  i.e..ple  are  naturally  a  conservative 
iH-'plc.  I  hey  ,1..  not  wish  to  ,.,uch  the  stal.le  loun.la- 
t'-'s  of  .heir  life:  they  have  a  reverence  for  the  n^^hts 


% 


"  M.^ll.f  l^i  i~.jA'4  iw^n^ 


u 


MICROCOPY    RESOLUTION    TEST   CHART 

lANSI  and  ISO  TEST  CHARl  No    2l 


1.0 


I.I 


1.25 


I- 


111^ 

1 3.6 


1.4 


2.5 

[2.2 

2.0 
1.8 

1.6 


A  APPLIED  IIVMGE 

^^^s  '  ^ 'j '  res'  Wi].f^  'Ir^i^l 

S^^  -.■rhe51et,  Ne,   j-k    14609   uSA 

-^     '16)  48?  -  n  -,0,-,  _  Phone 

^^  I  "6)  28S   -■•-4  -  ro. 


THK   INITIATIVK.    RKI'K kKN'DUM    AND    RECALL 

of  property  and  \hv  rights  ..f  lontrart  which  is  based 
upon  a  \nu^  v\\xvkm\-  in  a  free  life,  in  wiiich  they 
have  been  at  hlierty  tn  ac(|niic  property  as  thev  pleased 
and  hind  ihenisehrs  l)y  such  Cdiitracts  as  suited  them. 
No  other  people  have  ever  had  such   freedom  in  the 
estahhshment    of    personal    relationshijjs   or   property 
rights.     They  do  not  mean  to  lose  this  freedom  or  to 
impair  any  rifjhts  at  all.  hut  they  do  feel  that  a  j,rreat 
many  things  in  their  economic  life  and  '..i  their  politi- 
cal action  are  out  of  gear.     They  have  been  cheated 
by  their  own  political   machinery.     Thev   have  been 
dominated   by  the   very   instrumentalities  which   they 
themselves  created  in  the  field  of  indnstrial  action.   The 
liberty  of  the   individual   is  hampered  and  impaired. 
They  desire,  therefore,  not  a  revolution,  not  a  cutting 
loose  from  any  part  of  their  past,  but  a  readjustment 
of  the  elements  of  their  life,  a  reconsidcrati(»n  of  what 
it  IS  just  to  do  and  e(|uitable  to  arrange  in  order  that 
they  may  be  indeed  free,  may  indeeil  make  their  own 
choices  and  live  their  own  life  undominated.  unafraid, 
unsuspicious,  confident  that  they  will  be  served  by  their 
public  men  and  that  the  open  processes  of  their  govern- 
ment will  bring  to  them  justice  and  timely  reform. 

What  we  are  witnessing  now  is  not  so  much  a  con- 
flict of  parties  as  a  contest  of  ideals,  a  struggle  between 
those  who.  because  they  do  not  understand  what  is 
happening,  blindly  hold  on  to  what  is  and  those  who. 
because  they  do  see  the  real  (juestions  of  the  present 
and  of  the  future  in  a  clear,  revealing  light,  know 
that  there  must  be  sober  change ;  know  that  progress, 

82 


THE  ISSUES  OF  REFORM 


none  the  less  active  and  dcterniitied  because  it  is  sober 
and  just,  is  necessary  for  the  maintenance  of  our  insti- 
tutions ami  the  rectification  of  our  life.  In  both  the 
great  national  parties  there  are  men  who  feel  this 
ardor  of  progress  and  of  reform,  and  in  both  parties 
there  are  men  who  hold  back,  who  struggle  to  restrain 
change,  who  do  not  understand  it  or  who  liavc  reason 
to  fear  it.  Undoubtedly  the  jjresent  moment  offers  a 
greater  and  larger  opportunity  to  the  Democratic  party 
than  to  the  Republican  party;  but  this  is  not  because 
there  are  not  men  in  the  Republican  party  who  have 
devoted  their  whole  intelligence  and  energy  to  neces- 
sary reform,  but  because  the  Democratic  i)arty  as  a 
whole  is  freer  to  move  and  to  act  than  the  Republican 
is  and  is  held  back  by  a  smaller  and  weaker  body  of 
representatives  of  the  things  that  are  and  have  been. 
We  generally  sum  up  what  we  mean  bv  the  reac- 
tionary forces  by  speaking  of  them  as  embodied  in 
the  interests.  By  that  we  do  not  mean  the  legitimate 
but  the  illegitimate  interests,  those  which  have  not 
adjusted  themselves  to  the  public  interest,  those  which 
are  clinging  to  their  vested  rights  as  a  bulwark  against 
the  adjustment  which  is  absolutely  necessary  if  they 
are  to  be  servants  and  not  masters  of  the  public.  The 
chief  political  fact  of  the  day  is  that  the  Republican 
party  is  more  closely  allied  with  these  interests  than 
the  Democratic  party.  This  circumstance  constitutes 
the  opportunity  of  the  Democrats.  They  are  free  to 
act  and  to  move  in  the  right  direction  if  they  will  but 
accept    the    responsibility   and    the    leadership.      The 

83 


THE   INITIATIVE,    REFERENDUM    AND   RECALL 

Democratic  party  is  more  in  sympall.y  vith  the  new 
ten.lenncs  than  the  Repnhlican.  Its  .m  forces  arc 
the  forces  <.f  progress  and  of  iK)puIar  refonn 

'•<"!>  p." ties  are  of  necessity  hreaki.ijj  away  from 
I'e  past,  whether  they  will  or  not.  becanse  onr  life  has 
l>n.ken  away  fnmi  the  past.     The  life  ,.f  America  is 
"<'t  the  hfe  It  was  twenty  years  ago.    It  is  not  the  life 
.t  was  te.i  years  a^o.    \\'c  have  change,!  .,nr  economic 
con,  ,t.ons  from  top  to  bottom,  and  with  onr  economic 
cond.t.onr,  has  chan^a'd  also  the  orJ,^anization  of  ..t.r 
I'fe      The  old  p.-;rty  formnlas  do  not  fit  the  present 
problems.    The  ol.l  cries  of  the  stump  soimd  as  if  they 
hvUm^ivr.  to  a  past  a/;e  which  men  have  almost  f.^ri^oi- 
ten.      !ne  things  which  nsed  to  be  pnt  i.ito  the  ,,arty 
Platf..rms  of  ten  years  a^^o  vvonld  son.id  anti,,nated 
"ovv.     ^  on  wdl  note,  moreover,  that  the  p(.litical  andi- 
ences  winch  nowadays  gather  to^^ether  are  not  partisan 
ainhences.      They  are  made  np  of  all   ele.ne.its  and 
come    to,^a-ther.    not    to    l,ear    parties    denounced    or 
praised,  bnt  to  hear  the  interests  of  the  nation  discussed 
in  new  terms-the  terms  of  the  present  moment      We 
l.ave   so  complicated  our  machinery  of  government, 
vve  have  made  it  so  difficult,  so  full  of  ambushes  and 
Ii"I'ng-places.  so  in.lirect.  that  instead  of  having  true 
represcuative  government  we  have  a  great  inextricable 
jungle  of  organization  intervening  between  the  people 
and   the   processes  of  their  government;   so  that   by 
stages,  without  i.Uending  it.  without  bei.ig  aware  of  it 
we  have  lost  the  purity  and  directness  of  representative 
government.     What  we  must  devote  ourselves  to  now 

84 


THE  ISSUES  OF  REFORM 


is,  not  to  upsetting  our  institutions,  but  to  restoring 
them. 

Undoubtedly    we    should    avoid    excitement    and 
should  silence  the  demagogue.     The  man  with  power, 
but  without  conscience,  could,  with  an  eloquent  tongue, 
if  he  cared  for  ncjthing  but  his  own  power,  put  this 
whole  country  into  a  flame,  because  the  whole  country 
believes  that  something  is  wrong  and  is  eager  to  fol- 
low those  who  profess  to  be  able  to  lead  it  away  from 
its  dirficulties.     But  it  is  all  the  more  necessary  that 
we  should  be  careful  who  are  our  guides.     The  pro- 
cesses we  are  engaged  in  are  fundamentally  conserva- 
ti\e  processes.     If  your  tree  is  diseased  it  is  no  revolu- 
ti()n  to  restore  to  it  the  purity  of  its  sap,  to  renew  the 
soil  that  sustains  it.  to  re-establish  the  conditions  of 
Its  health.     That  is  a  process  of  life,  of  renewal,  of  re- 
demption.    There  is  no  ground  for  alarm,  therefore. 
We  are  bent   upon  a   jx-rfectly  definite   programme, 
which  is  one  of  health  and  renewal. 

Let  us  a.sk  ourselves  very  frankly  what  it  is  that 
needs  to  be  corrected.  To  sum  it  all  up  in  one  sen- 
tence, it  is  the  control  of  politics  and  of  our  life  by 
j^reat  combinations  of  wealth.  Men  sometimes  talk  as 
if  it  were  wealth  we  were  afraid  of,  as  if  we  were 
jealous  of  the  accumulation  of  great  fortunes.  Noth- 
ing of  the  kind  is  true.  America  has  not  the  slightest 
jealousy  of  the  legitimate  accumulation  of  wealth, 
l-'-verybody  kn(nvs  that  there  are  hundreds  and  thou- 
sands of  men  of  large  means  and  large  econonn'c  power 
who  have  come  by  it  all  not  only  perfectly  legitimately, 

85 


III 
if 

^1 


' .'  f ' 


THE   IMTIATIVK.    KF: KKKr- XDUM    A\I)   RFXALL 

l»iit  in  a  way  that  deserves  the  thanks  and  achniration 
of  the  coniintiiiiiies  they  have  served  and  develoiHjd. 
Hut  everyh«.(ly  knows  also  that  some  of  tlie  men  who 
o.nfrol  the  wealth  and  have  hiiih  np  the  imhistry  of  the 
country  seek  to  control  |)olitics  and  also  to  dominate 
the  life  of  common  men  in  a  way  in  which  i  ,  man 
should  he  jiennitted  to  dominate. 

In  the  first  place,  there  is  the  notorious  oi)eration 
of  the  hi-partisan  ixjlitical  machine:  I  mean  the  ma- 
chine which  does  not  rei)resent  party  principle  of  any 
kind,  hut  which  is  williuft:  to  enter  into  ..ny  combina- 
tion, with  whatever  group  of  i)ersons  or  <.f  iwliticians, 
to  control  the  offices  oi  localities  and  of  states  and  of 
the  nation  itself  in  order  to  maintain  the  power  of 
those  who  direct  it.  This  machine  is  supplied  with  its 
funds  by  the  men  who  use  it  in  order  to  protect  them- 
selves against  ie^islation  which  they  do  not  desire  and 
in  order  to  obtain  the  legislation  which  is  necessary  for 
the  i)rosecution  of  their  purposes. 

The  methods  of  our  legislatures  make  the  opera- 
tions of  such  machines  easy  and  convenient.  For  very 
little  of  our  legislation  is  formed  and  effected  by  open 
debate  upon  the  fioor.  Almost  all  of  it  is  framed  in 
lawyers'  oflfires.  discuhsed  in  committee  rooms,  passed 
without  debate.  Rills  that  the  machine  and  its  backers 
do  not  desire  are  smothered  in  committee;  measures 
which  they  do  desire  are  brought  out  and  hurried 
through  their  passage.  It  hai)pens  again  and  again 
that  great  groups  of  such  bills  are  rushed  through 
HI  the  hurrie<l  hours  that  mark  the  close  of  the  legis- 

86 


TIIK  ISSUF.S  OF  Rr<:R)RM 


lativc  sessions,  when  cviry  niu"  is  wiihhi'ld  from  vigi- 
lance by  fatiffuc  and  when  it  is  povsiMc  i<,  d..  strrct 
tliinf,'s. 

When  wi-  stand  in  the  presence  «»f  these  thinj^s  and 
see  h»)\v  nmiplete  and  sinister  their  operation  has  hedi 
ue  cry  ont  with  no  little  trnth  that  we  no  lonj^^-i  have 
representative  ^[overninent. 

Ani;)n^  the  renie(Hes  proposed  in  recent  years  have 
Ix'en  the  initiative  and  referenchiin  in  the  field  of  le;ris- 
lation  and   the  recall  in   the   fiJd   of  achninistration. 
These  tneasnres  are  snp,K)sed  to  he  characteristic  of 
the  most  ra(hcal  proj^ramines.  and  they  are  snpposed 
to  he  meant  to  clian^a'  the  very  character  of  onr  gov- 
ernment.    They  have  no  snch  purpose.     Their  inten- 
tion is  to  restore,  nut  to  destroy,  representative  gov- 
ernment.     It   must   he   remembered  hy   every   candid 
man  who  (Mscusses  these  matters  that  we  are  contrast- 
ing tlie  operation  of  the  initiative  and  the  referendum, 
not  with  the  representative  government  which  we  pos- 
sess in  theory  and  which  we  have  l(jng  persuaded  our- 
selves that  we  l)osses^■<'d  in  fact,  but  with  the  actual  state 
of  affairs,  with  legishtive  processes  wnich  are  carried 
on  in  secret,  responding  to  the  impulse  of  subsidized 
machines  and  carried  througli  by  men  whose  unhappi- 
ness  it  is  to  realize  that  they  are  not  their  own  mas- 
ters, but  puppets  in  a  game. 

If  we  felt  that  we  had  genuine  representative  gov- 
ernment in  (,ur  st  te  legislatures  no  one  would  propose 
the  initiative  or  referendum  in  America.  They  are 
being  proposed  now  as  a  means  of  bringing  our  repre- 

87 


TIIK   IMTIATIVE.    KKKKKKN 


DUM   AM)   kliCALI. 


I 
I. 


seiitativfs  hack  to  tlir  cnuscionsiuss  (hat  what  they  are 
h.itiiK!  in  <hity  and  in  nific  p. .hey  t<>  <I(.  is  to  n-prcsint 
the  M.Mri'i^ri,  i^-,.plf  whom  thi-y  pr.ifiss  t.)  serve  and 
!iot  the  private  interests  whieh  creep  into  their  coun- 
sels hy  way  of  machine  orders  and  committee  confer- 
ences. 'Ihf  most  ardent  and  successful  advocates  of 
the  initiative  and  referenchim  regard  them  as  a  soheriiifr 
means  .>t  ohtaininj^r  ^ri„„j,n.  representative  actio  on 
tlie  part  of  le;,Mslative  Ih.dies.  They  do  lu.t  n-  lo 
set  anythinjr  aside.  They  mean  to  rest(.re  am.  re-in- 
vij.;oratc.  rather. 

I  he  recall   is  a  mr-ans  of  administrative  control. 
If  prop.rly  rej.,Milatt'(l  and  devised  it  is  a  means  of  re- 
storiufr  to  a.lmiiu.trative  officials  what  the  initiative 
and  referendum  restore  to  le^rjslators— namely,  a  sense 
of  direct  resp(.nsihility  to  the  people  who  chose  them. 
'I  he  recai;  ..f  jn(\}rcs,  is  another  matter.    Jud^^es  are 
not  lawmakers.     They  are  nc.t  administrators.     Their 
duty  is  tiot  to  determine  what  the  law  shall  he.  hut  to 
determine  what  the  law  is.     Their  indepen<lence.  their 
sense  of  dignity  and  of  freedom,  is  of  the  fir.st  c(jnse- 
quence  to  the  stahility  of  the  .state.    T(,  apply  to  them 
the  principle  of  the  recall  is  to  set  up  the  idea  that 
determinations  of  what   the  law  is  must   respf)nd   to 
popular  impulse  and  to  jKipular  judj,Mnent.     It  is  suf- 
hcient  that  the  peopk'  should  have  the  power  to  chan«,'e 
the     iw  when  they  will.     It  is  not  necessary  that  they 
should  directly  ititluence  hy  threat  of  recall  tho.se  who 
merely  interpret  the  law  already  estahlished.    The  im- 
I'ortance  and  desirahility  of  the  recall  as  a  means  of 


THE  ISSUES  OF  REFORM 

aJministrativc  control  onj^'lit  not   to  Im?  obscured  by 
tlrnwinj;  it  int«)  this  other  and  very  ihlffrcnt  field. 

The  second  i)o\vcr  we  fear  is  the  control  of  our  life 
through  the  vast  priviU^es  of  cur|H)rati.'>ns  which  use 
the  wealth  of  masses  of  men  to  sustain  their  enter- 
prise.    It  is  in  collection  with  this  danger  that  it  is 
necessary  to   do  some   of  our  clearest   and    frankest 
thinkinjr.      It   is  a    fundamental  mistake  to  sjK-ak  of 
the  privileges  of  these  great  corp(.rations  as  if  they 
fell  within  the  class  of  private  right  and  of  private 
pr>|)erty.     Those  who  a<lminister  the  aflfairs  of  great 
joint-stock    companies    are    really    administering    the 
property  of  comnumities.  the  property  of  the  whole 
mass  and  miscellany  of  men  who  have  lM)ught  the  stock 
or  the  l)f)n(|s  that  sustain  the  enterprise.     The  stwks 
an<l  ihf  bonds  are  constantly  changing  hands.     There 
is  no  fi,\ed  iwrtnership.     Moreover,  managers  of  such 
corporation.-,  are  the  trustees  of  moneys  which  they 
themselves  never  accumulated,  but   which  have  been 
drawn  t'  .-<  Mt  of  private  savings  here,  there,  and 

everywh 

Whal  I?,  leccssary  in  order  to  rectify  the  whole 
mass  of  business  of  this  kind  is  that  those  who  con- 
trol it  should  entirely  change  their  jioiut  of  view. 
They  are  trustees,  not  masters,  of  i)rivate  property, 
not  only  because  their  power  is  derived  from  a  multi- 
tude of  men.  but  also  because  in  its  investments  it 
aflfects  a  multitude  of  men.  It  deternn"nes  the  develop- 
ment or  decay  of  commumties.  It  is  the  means  of 
lifting  or  depressing  the  life  of  the  whole  country. 
^  89 


TIIK  INITIATIVE.   REFERENDUM   AND   RECALL 

Tlioy  must  rcRanI  themselves  as  reprcst'titatives  of  a 
|)iil)lif  jMnviT.  There  can  i>c  no  reasonable  jealousy 
of  piihjic  re|4;nlati«)M  in  such  matters.  Iwcause  the  o|>- 
|M»r!miifies  of  all  men  arc  aflfected.  Tlh'ir  profHTty  is 
everywhere  touched,  their  savings  are  everywhere  al>- 
sorlK'd,  their  employment  is  everywhere  determined. 
I»y  these  jjreat  agencies.  What  we  need,  therefore,  is 
to  come  to  a  common  view  which  will  not  l)ring  antag- 
onisms, hut  accommodations.  The  programmes  of  |>ar- 
ties  must  now  Ik'  programmes  of  enlightenment  and  re- 
adjustment, not  revolutionary  hut  restorative  The 
processes  of  change  are  largely  processes  of  thought, 
hut  unhappily  they  cannot  Ix?  effected  without  hecmn- 
ing  |M)litical  processes  also,  ami  that  is  the  deep  rcspon- 
sihility  of  puhlic  men.  What  we  need,  therefore,  in 
our  politics  is  an  instant  alignment  of  all  men  free  and 
willing  to  think  and  to  act  without  fear  upon  their 
thought. 

This  is  just  as  much  a  constructive  age  in  politics, 
therefore,  as  was  the  great  age  iti  which  our  federal 
government  was  set  up,  and  the  man  who  does  not 
awake  to  the  opixjrtunity,  the  man  who  does  not  sacri- 
fice private  and  exceptional  interests  in  order  to  serve 
the  common  and  puhlic  interest,  is  declining  to  take 
1  art  in  the  business  of  an  heroic  age.  I  am  sorry  for 
the  man  who  is  so  blind  that  he  <loes  not  see  the  opj)or- 
tunity,  and  I  am  happy  in  the  confidence  that  in  this 
era  men  of  ^^trength  and  of  principle  will  see  their 
opportunity  of  immortal  service. 

I  am  not  one  of  those  who  wish  to  break  connec- 


THE  ISSUES  OF  REFORM 


tlons  with  the  past,  nor  am  I  one  of  those  who  wish 
chanjfc  for  the  mere  sake  of  variety.  The  only  men 
who  do  that  are  the  men  who  want  to  forget  some- 
thing, the  men  who  fille<l  yesterday  with  something 
they  would  rather  not  recall  ti.  day.  Change  is  not 
interesting  unless  it  is  constructive,  and  it  is  an  age 
of  construction  that  must  put  fire  into  the  biootl  of 
any  man  worthy  of  the  name. 


CHAPTKR    IV 

TIIK    IIKVKLOI'MKNT   OK    hIKFXT    LKOISLATION 
IN    AMKHIC  A  ' 


II 


TiiK  rifcrftnlum  is  an  otablished  principle  in 
Anu'riiaii  poliiiial  life.  It  is  not  a  new- f anKled  de- 
vice, as  it  is  characterized  by  opponents.  Apart  froni 
its  state  use  in  the  a«luptit.n  or  ainenchnent  of  state  con- 
stitutions and  tin  other  iniiM)rtant  sulijects.  the  nunil)er 
and  variety  of  (ptestions  thus  referred  in  cities  is  so 
lar^c  that  one  who  examines  into  the  history  of  his 
own  anti  of  neijjhlKJriuK'  cities  will  probably  Ik*  s(Jine- 
wliat  amazed  as  to  their  frequency  and  ini|H.rtance. 
Aside  from  its  best-knt)wn  use  to  decide  vexatious 
toj)ics  like  local  option  and  prohibition,  the  referenilum 
is  used  on  financial  (piestions  like  issuinj;  bonds,  and 
on  undertakinjr  new  enterprises,  like  schools,  hospitals, 
public  buildinj,'s.  jiarks,  boulevards,  sewers,  water- 
works, li^'hling  plants,  as  well  as  on  the  m«>st  funda- 
mental (piestions  like  the  incorporation  of  cities  and 
the  acceptance  of  their  charters.  '1  he  constitution  of 
Massachusetts,    by   amendment    adopted    as   early   as 

'  By  Rolx^rt  Treat   Paine,   Reprinted  from  the  Proceedings  of 
the  National  Mui.mpal  League  (1908). 


DIRECT  LEr.KSi.ATIDN  IN  AMERICA 


1821,  forbids  the  Iq^isiature  to  inCf»rj)r>r.'U  any  town 
as  a  city  except  with  the  consent  of  a  majority  vote 
of  the  citizens  of  that  t«»wn. 

The  direct  IcRislalion.  however,  to  which  we  are 
directing  our  attention.  intro<hices  thi-  <lisiinciion  or 
difTercntiafion  in  thrt  the  people  thcniscKcs  delennint'. 
and  ni.t  the  Ic^-'^hture  or  the  niiuncipal  ItKinlative  au- 
thorities,  whcihtr  or     ot  i|ucsti«>ns  nhall  l»c  referred 
through  the  reffrenehnn  to  a  |»opular  decision.     The 
referen(h>m  is  not  compulsory:  it  need  not  l>e  used  un- 
less  there  is  a  jKisitive  demaitd  for  it — a  petition  sigiuvl 
by  a  fixe<l  nunil)er  or  pcnculai^'c  of  the  voters  askin^j 
for  it.     Its  use  is  optional.     It  I>ecomes  therefore  i 
true  people's  veto  to  he  usc<l  when  «»ccasion  requires 
in  the  judgment  of  the  people  whether  the  municipal 
legislative   authorities   so   wish   or   not.      The  people 
thus  become  <lircctly  sovereign  in  regard  to  the  acts 
of  their  own  agents  or  representatives.     Similarly  the 
initiative  takes  its  rise  from  an  initial    iction  by  th 
people  in  those  cases  where  their  representatives  ap 
pear  tuiwilling  to  act  in  accordance  with  the  sn|)|>  ,ed 
will  of  the  community.    The  authority  of  Jamc    Uryce 
is  not  necessary  to  convince  Americ.    ^  that  llu-  gov- 
ernment of  their  cities  is  the  conspicuous  failure  in 
American  political  institutions. 

The  federal  system,  with  its  two  cliaml)ers  based 
on  the  theory  of  checks  and  balances^,  has  been  found 
wanting.  Whether  or  not  it  sufilced  for  earlier  days 
of  simpler  requirements  when  the  non-interference 
idea   of   government    prevailed    is    immaterial.     Our 

03 


''r 


mm^mmm 


THE   INITIATIVE,   REFERENDUM   AND   RECALL 

cities  to-day  face  problems  of  utmost  gravity,  arising? 
not  only  out  of  the  great  increase  in  population,  hut 
also  out  of  the  far  greater  demands  from  this  con- 
gested urban  population  which  asks  for  and  should 
he  granted  a  higher  standard  of  comforts  and  necessi- 
ties. Modern  civilization  therefore  requires  that  city 
governments  be  aggressive,  positive  forces  that  can 
grapple  with  and  solve  the  problems  as  they  arise  or 
are  foreseen. 

Unfortunately,    in    rather   marked    contrast    with 
modern   F.urope  and    England,  our  cities  have  been 
mere   creatures   of   the   legislature    with   enumerated 
powers  limited   to  known   requirements.      Therefore 
every  new  task  has  involved  resort  to  the  legislature. 
Results  have  been  disastrous  both  in  enfeebling  the 
city's  self-reliance  and  civic  character,  and  in  leading 
to  an  undue,  injudicious  and  unjustifiable  interference 
by  the  state  authorities.     So  well  recognized  has  been 
this  evil  that  a  majority  of  the  state  constitutions  now 
forbid  the  legislatures  to  interfere  by  special  legisla- 
tion.   Owing  however  to  the  legislative  device  of  clas- 
sification this  effort  has  been  but  partially  successful. 
In  the  West  a  remedy  has  been  sought  in  a  different 
direction,  through  the  constitutional  assertion  of  the 
independence,  more  or  less  complete,  of  the  cities  from 
tiie  legislature,  by  the  adoption  of  the  home-rule  char- 
ter system. 

In  1875  the  constitution  of  Missouri  was  the  first 
thus  to  be  amended  to  give  cities  of  over  100,000 
population,  that  is  St.  Louis  and  later  Kansas  City, 

94 


DIRECT  LEGISLATION   IN  AMERICA 

power  to  decide  upon  their  charters  by  a  vote  of  their 
own  citizens. 

Cahfornia  followed  with  a  constitutional  amend- 
ment in  1879,  but  j)rovided  that  these  charters  after 
adoption  by  the  v(jters  must  be  submitted  to  the  leg- 
islature for  ratification  or  rejection  as  a  wIkjIc.  The 
jK)pularity  of  this  move  is  evidenced  by  the  vote  in 
its  favor  of  114,617  to  42,076,  in  1892,  when  the 
minimum  limit  of  population,  after  a  previous  reduc- 
tion in  1887  to  10,000,  was  still  further  reduced  to 
3,400.  California  further  extended  the  power  of  cities 
over  their  charters  by  amending  article  XI,  section  8, 
of  the  constituti(jn.  in  i\ovember,  1906,  so  as  to  pro- 
vide that  an  initiative  petition  of  fifteen  per  cent,  can 
compel  the  submission  to  a  popular  vote  at  a  regular 
municipal  election  of  any  proposed  charter  amend- 
ment. 

In  Oregon  the  constitutional  amendment  granting 
the  voters  of  every  city  and  town  power  to  enact  and 
amend  their  municipal  charters  was  adopted  on  an 
initiative  petition  from  the  people,  by  a  vote  of  52,567 
to  19.852  on  June  4,  1906. 

Washington,  Minnesota,  Colorado  and  Oklahoma 
have  carried  on  this  home-rule  movement.  In  Michi- 
gan the  constitutional  convention  inserted  a  home 
rule  section  in  the  new  constitution  which  was  voted 
on  and  carried  November  3,  1908. 

Rut  far  more  widespread  or  at  least  far  more  suc- 
cessful over  a  wider  stretch  of  territory  is  the  move- 
ment we  are  now  to  consider  for  more  direct  and 

95 


S-Jl 


THE   INITIATIVE.   REFERENDUM   AND    RECALL 

popular  control  by  the  citii^ens  themselves  of  their 
municipal  affairs.  Both  theoretically  and  practically 
this  movement  appears  justified  in  its  aims.  It  gives 
the  best  promise  of  helping  the  ultimate  solution  of 
our  municipal  problems.  This  movement  is  either  ad- 
visory or  man(lat..ry  in  its  operation.  The  advisory 
system  was  perhaps  the  easier  to  enact,  but  the  ten- 
dency of  late  has  been  strongly  towards  the  mandatory 
initiative  and  referendum. 

The  advisory  sy.stem  aims  to  secure  action  by  city 
authorities  in  conformity  with  the  poi.ular  judgment 
through  milder  methods  than  direct  legislation      The 
voters  are  allowed  to  suggest  or  to  express  their  opin- 
ion on  a  course  of  action  without  however  thereby 
enacting  such  legislation  or  ordinance.     Such  a  vote 
IS  merely  advisory  in  character  and  leaves  the  city 
fathers  with    full  power  to  act  as   they  think  best 
whether  it  be  in  accordance  with  or  against  the  wishes 
of  the  people.     Winnetka,  Illinois,  is  generally  given 
the  credit  for  devising  the  method  of  securing  a  popu- 
lar decision  of  important  cpiestions  through  pledging 
candidates  before  their  election  to  permit  tlie  reference 
to  the  peo])le  of  such  questions  when  petitioned  for 
The  counol  was  thus  induced  to  pass  an  ordinance 
providing  for  the  submission  to  the  voters  before  their 
passage  of  all  ordinances  for  franchises  or  for  bond 
issues  and  also  all  ordinances  for  which  fifty  voters 
may  have  petitioned  within  f^ve  davs  after  public  post- 
ing before  their  passage.     Geneva.  Illinois,  extended 
this  system  to  include,  in  addition  to  the  referendum, 

96 


DIRECT  LEiaSLATION   IN  AMERICA 

the  advisory  initiative  on  any  public  question  when 
petitioned  for  by  ten  per  cent,  of  the  voters.  Candi- 
dates are  questioned  and  pledged  before  election  to 
follow  these  rules. 

This  method  has  been  followed  by  several  cities. 
Detroit,  on  June  17.  i<)02.  unanimously  adf)pted  rules 
of  procedure  by  which  a  petition  of  five  per  cent,  of 
the  voters  may  force  all  ordinances  grant injj  or  renew- 
ing public  utility  franchises,  which  have  passed  their 
third  reading  in  the  council,  to  a  popular  vote  at  the 
next  election,  and  also  any  other  measure  instructing 
the  officials.     A  home-rule  charter  had  been  declared 
unconstitutional  by  the  supreme  court,  thus  depriving 
the  city  of  the  right  granted  therein  for  a  referendum 
on  street  railway  franchises.     A  long-term  extension 
of  such  r  anchise  was  favored  by  a  majority  of  the 
council,  but  having  pledged  themselves  to  a  referen- 
dum while  candidates  for  office  a  spirited  demonstra- 
tion of  the  citizens  induced  them  to  pass  the  above  rule. 
The  proposal  to  extend  the  franchise  was  thereupon 
dropped  in  view  of  the  threatened  veto.     The  first  use 
in  Detroit  of  the  referendum  on  franchises  was  made 
November  6,  1906,  when  the  Detroit  United  Railway 
franchise  was  rejected  decisively— and  wisely  accord- 
mg  to  the  Cizic  Neivs,  a  good  government  publication 
of  Detroit. 

Such  self-denying  council  rules  are  not,  however, 
either  permanent  or  self-enforcing.  A  two-thirds  vote- 
may  suspend  them  at  any  time,  perhaps  when  needed 
most.    To  secure  their  continued  annual  adoption  may 

97 


Tin-:   INITIATIVK.    RKFKREXDUM    AND    RECALL 


ti,  1 


require  an  annual  pledging  campaign.  This  year's 
manual  of  Detroit  jiyoXj  does  not  contain  the  rule 
for  instructing  officials  through  the  initiative.  To 
guarantee  action  hy  a  representative  government  in 
hanviony  with  the  popular  will  presupposes  not  a  v(j1- 
unarily  assumed  ohligation  of  a  temporary  and  op- 
tional character,  but  an  oi)ligation  of  superior  and  con- 
trolling force  embodied  in  the  fundamental  law  or 
charter. 

Grand  Rapids,  Michigan,  petitioned  the  legislature 
for  a  new  charter,  which  was  approved  June  6,  1905. 
granting  a  twelve  i>er  cent,  referendum  on  any  ordi- 
nance and  a  twelve  per  cent,  initiative  for  an  advisory 
vote  on  charter  amendments.  This  referendum  has 
been  used  twice,  once  to  approve  of  the  franchise 
granted  to  the  Muskegon  Power  Company,  and 
again  November  6,  1906,  to  reje  .  an  ordinance  pro- 
hibiting Sunday  shows,  b.895  to  6,281.  Under  the 
advisory  initiative  the  voters  have  twice  asked  for 
amendments  to  their  charter;  on  April  2,  1906,  voting 
for  an  advisory  initiative  on  ordinances  by  6,196  to 
1,736  and  for  the  recall  by  7.142  to  1.976;  and  on  No- 
vember 6,  1906.  voting  for  the  establishment  of  non- 
partisan municipal  elections  by  8,865  to  3.350.  Though 
this  question  carried  every  precinct  in  a  Republican 
city  and  the  total  vote,  12,215,  was  within  729  of  the 
total  cast  for  governor,  yet  the  Republican  legislature 
refused  to  grant  the  request;  as  it  also  refused  the 
other  requests.  It  is  stated  that  the  above  charter  pro- 
visions are  generally  cons'dered  beneficial,  though  it 

98 


DIRECT  LEGISLATION  IN  AMERICA 


is  felt  that  the  enactment  of  charter  amendments 
should  be  compulsory  after  submission  to  and  approval 
by  the  electors. 

Buflfalo,  under  the  general  welfare  clause  of  its 
charter,  adopted,  July  13,  1904,  a  provision  (chapti  '• 
45.  of  the  city  ordinances),  whi-h  is  stil!  in  force  and 
which  authorizes  the  submission  at  a  general  election 
of  any  questions  of  public  policy  to  obtain  the  opinion 
of  the  electors  thereon,  either  on  the  petition  of  five 
per  cent,  of  the  voters  or  upon  resolution  of  the  coun- 
cil. On  November  7,  1905,  such  an  advisory  initiative 
resulted  in  a  vote  of  7,767  to  1,979  '"  favor  of  a  mu- 
nicipal electric  lij^hting  and  power  plant.  The  council 
took  no  action  to  carry  out  this  vote,  but  used  it  to 
obtain  somewhat  more  favorable  prices  from  the  ex- 
isting private  company.  On  November  3,  1908,  the 
advisory  initiative  asking  for  a  new  charter  with  the 
largest  possible  measure  of  home  rule  obtained  the  en- 
dorsement of  13,286  for,  to  4.346  against. 

In  Illinois  a  public-opinion  law  was  enacted  May 
4,  1 90 1,  allowing  questions  to  be  referred  to  the  voti^rs 
of  cities  for  an  expression  of  opinion  on  the  petition 
of  twenty-five  per  cent.  Chicago  has  made  effective 
use  of  this  authority,  voting  in  April,  1902,  for  direct 
primary  nominations  of  city  officers  by  140,860  to 
17,654,  and  on  April  5,  1904,  for  the  popular  election 
of  the  school  board  by  115,553  to  58,432.  Both  at 
these  elections  and  on  April  4,  1905,  April  3,  1906, 
and  April  2,  1907,  there  were  referenda  on  the  burning 
street-railway  issue.    The  question  has  been  too  promi- 

99 


4 1 


.if 


THE  INITIATIVE.   REFERENDUM   AND   RECALL 

ient  thronphout  the  country  durinjr  ali  these  years  to 
need  extended  comment.  The  first  votes  were  over- 
whehningly  in  favor  of  municipal  ownership  of  gas 
and  electric  lighting  plants,  as  well  as  of  the  street 
railways.  iy).ij()C)  to  21.364.  and  14J.SJ6  to  27998 
respectively;  hut  finally,  after  a  six  years'  struggle  the 
people.  l,y  i65.X4r.  to  132.7 .'o.  accei.ted  on  April  2. 
1907.  the  council  ordinances  wherehy  great  reforms 
were  pn.mised  in  the  service  under  the  private  man- 
agement of  the  companies,  and  fifty-five  per  cent,  of 
the  net  profits  was  to  go  to  the  city  treasury. 

In  Can.'ula  this  advisory  system  has  been  author- 
ized  for  cities  by  general  provincial  law  in   British 
Columbia  June  21.    1902,  and   in   Ontario  June  27, 
1903-    In  Victoria  the  referendum  bv-law  was  adopted 
by  the  council  December  15,  1902.     Either  the  council 
or  a  petition  of  ten  per  cent,  of  the  voters  may  send 
questions  to  the  annual  municipal  election  in  January 
for  obtaining  the  opinion  of  the  electors  u.wn  any 
question  affecting  the  public  welfare  or  any  proposed 
mnovation  or  alteration  of  by-laws.     In   1903,   1907 
and  1908  the  eight-hour  day  for  city  employees,  the 
sale  of  li(iuors  by  retail  in  stores,  and  an  increased 
water  supply,  were  vr.ted  on.     The  opinion  thus  ex- 
pressed by  the  electors  has  beet,  regarded  by  the  coun- 
cil as  a  mandate  for  legislation  in  accordance  there- 
with. 

In  Toronto  this  advisory  referendum  has  been 
used  for  questions  like  reducing  the  number  of  liquor 
licenses,  paying  salaries  to  the  aldermen,  and  exempt- 

iro 


1^^ 


DIRECT  LEGISLATION  IN  AMERICA 


ing  dwellings  from  assessment  to  the  amount  of  seven 
luuulred  dollars. 

Augusta.  Maine,  has  held  special  elections  from 
time  to  time  to  secure  the  o  inion  of  the  iK.'ople  when- 
ever the  ini|xjrtance  of  the  issue  has  seemed  sufficient 
to  warrant  such  an  election.  The  city  clerk  states  tliat 
the  authority  is  found  in  the  clause  of  the  city  charter, 
bcction  34,  which  provides  that  general  meetings  of 
the  citizens  may  be  held  to  consult  upon  the  general 
good  and  to  instruct  their  representatives  according  to 
the  right  secured  to  the  people  hy  the  state  constitution 
—to  be  summoned  by  the  mayor  and  aldermen  upon 
the  requisition  of  thirty  voters. 

The  constitution  of  Massachusetts,  the  parent  state, 
contains  a  similar  provision  inserted  in  the  original 
document  of  1780  and  repeated  in  the  city  charters. 
In  the  smaller  cities,  where  the  capacity  of  a  hall  bears 
a  reasonable  relation  to  the  probable  numi>er  of  voters 
expected  to  attend,  there  ha/e  been  numerous  meet- 
ings to  decide  upon  various  important  matters,  but  it  is 
not  known  that  any  city  has  yet  adopted  Maine's  sensi- 
ble expedient  for  changing  a  huge  mass  meeting  into 
the  modern  method  of  booths  and  ballots. 

The  constitutions  of  thirteen  other  states  contain 
in  their  bill  of  rights  declarations  more  or  less  similar 
in  support  of  the  right  of  the  voters  to  give  instruc- 
tions: Pennsylvania,  North  Carolina,  New  Hamp- 
shire. Vermont.  Tennessee,  Ohio,  Indiana,  Michigan. 
Arkansas.  California,  Oregon,  Kansas  and  Nevada. 
In  Delaware  under  the  terms  of  the  law.  the  peo- 


#=- 


lOI 


THE  INITIATIVE.  REFERENDUM  AND   RECALL 


114.. 


pic  voted,  on    N'ovcnilxT  6,    i<x)6.   on   the  question, 
*'  Shall  the  general  assembly  provide  a  system  of  ad- 
visory initiative  and  referendum?"    Though  the  vote 
in  the  entire  state  was  more  than  eight  to  one  in  its 
f.i\()r,  the  system  was  not  authorized  hy  the  following 
legislature,  which,  however,  with  hut  a  single  dissent- 
ing vote  in  the  senate.  (Hd  establish  for  the  city  of 
Wilmington,  which   had   favored   the  projxjsition  by 
10.548  to  747.  a  local  initiative  without  the  referen- 
dum.    A  i)etition  of  ten  [xr  cent,  carries  to  the  next 
election  any  {|ucstion  relating  to  the  affairs  of  the  city 
for  an  expression  of  opinic^n  thereon.     If  it  receives  a 
majority  vote  and  is  within  the  ctjrporate  jKiwers  of 
tl-.e  rity  government,  it  must  Ije  put  into  etTect  without 
unreasonable  delay.    Any  member  of  the  council,  or  of 
a  commissi(m.  who  neglects  or  refuses  to  perform  the 
duty  therein  imposed  commits  a  misdemeanor  punish- 
able by  fine,  removal  from  office,  and  ineligibility  to 
hold  office  for  five  years.     This  last  provision  should 
lessen  the  danger  of  representatives  refusing  to  carry 
out  the  people's  will ;  but  as  far  as  it  renders  the  action 
by  the  council  merely  an  obli^jatory  and  perfecting 
formality,  it  would  seem  to  approximate  practically  to 
the  system  of  direct  legislation. 

On  June  i,  1907,  at  the  city  election,  five  ques- 
tions were  submitted  to  the  people :  Shall  the  legisla- 
ture be  memorialized  for  a  home  rule  government  for 
Wilmington  with  the  initiative  and  the  referendum 
(8,786  to  813)  and  for  the  New  York  system  of  as- 
sessing real  estate  (9.037  to  757)?    Shall  ordinances 


102 


DIRECT  LliUISLATlON  iX  AMERICA 


l)c  passcrl  t«»  rc<|uire  the  {)ublicntinn  of  a  coinplctc  finan- 
cial statcMK'iit  {S.324  to  $(h)),  and  the  Ixwlinfj;  of  as- 
sessors and  collectors  (8.34^  to  (tf\^),  and  the  ohserv- 
ajice  by  the  railn»ad  rmnpanies  nsinj^'  the  streets  of 
their  franciiise  re(|nirernents  for  the  repairs  of  the 
streets  and  improvements  of  their  cars  (S.302  to  504)  ? 

The  memorial  for  direct  lejj^isiation  will  l)e  pre- 
sented to  tilt  lej^islaturc  when  it  convenes  in  Decemljer, 
hnt  the  vote  emphasizes  the  desire  of  the  community 
for  local  autonomy.  The  ccjiuicil  has  adopted  ordi- 
nances for  fniancial  statements  and  for  bonding. 
thou>;h  the  court  has  declared  the  latter  at  variance 
with  the  state  law.  The  mayor's  olVice  states  that  the 
retpiirements  of  the  last  vote  are  those  which  the  city 
has  always  endeavored  to  enforce,  and  it  is  compulsory 
for  the  street  railways  to  live  up  to  the  provisions  pre- 
scriljed  in  their  franchises. 

The  grants  by  municipal  councils  of  franchises  for 
public-service  utilities  have  been  the  cause  of  much 
anxious  thought.  How  can  they  be  wisely  safe- 
guarded? The  law  has  been  aske<l  to  limit  the 
maximum  term  and  to  create  other  restrictions.  There 
is  a  more  vr  less  general  movement  to  rtupiire  that 
such  grants  be  referred  to  a  pt)pular  vote  for  ratifica- 
tion or  for  rejection  through  a  people's  veto. 

Iowa,  which  as  early  as  1872  had  provided  for  a 
referendum  on  franchises  for  waterworks,  to  be  fol- 
lowed by  a  similar  regulation  in  1888  on  municipal 
lighting  plants,  established  in  1899  an  optional  refer- 
endum  and    initiative   with   reference   to   all    similar 

103 


II 


THE   INITlATIVn.   RF.FKRRNDUM   AND   HECM.L 

fjuasi-piil.ljc  services.  Mither  the  council  may  submit 
tlic  (|ueslion  at  a  jfcueral  or  s|Hcial  election  or  the 
nwyor  must  <Io  so  on  the  fietition  of  twciity-five 
|T..|,erty-ouners  from  each  wanl.  Indiana.'  in  tH.>c,. 
estahli.shed  an  optional  referendum  along  somewhat 
similar  linos. 

In  i)hu>,  by  an  act  approved  by  Governor  Harris 
Aprd  15.  !(/)«,  no  ordinances  grantin^r  ,,r  extendinj? 
a  franchise  to  any  street  railway  can  become  o|)erative 
if  within  thirty  days  after  its  passage  by  the  council 
tiare  is  a  iwtition  of  fifteen  i»er  cent,  of  the  voters, 
until  it  has  Ix-en  submitted  to  either  a  general  or  s|)e- 
cial  election  ami  has  received  a  majority  of  the  votes 
cast. 

In  Cleveland,  at  a  s|)ecial  election  Octol>er  22, 
ifK>8,  a  referendum  invoked  a^  .inst  the  *'  security  '' 
franchise  to  the  new  railway  companv  resulted  in  an 
enormous  vote  being  cast,  defeating  tlie  traction  com- 
promise by  38.249  to  37.644.  A  fuller  discussion  of 
the  long  struggle  in  Cleveland  will  undoubtedly  be 
found  in  the  seoetary's  annual  revit.  of  important 
events  of  the  year. 

An  amendment  to  the  charter  of  Memphis  Ten- 
uessee.  passed  March  10.  1905.  chapter  54.  section  29. 
enacts  that  no  quasi-public  franchise  shall  lie  granted 
unless  approved  by  the  voters  at  a  general  or  special 
election  if  such  submission  has  been  tiemanded.  within 
thirty  days  of  its  passage,  by  five  hundred  freeholders. 


•  Shibley:  "Municipal  Affairs  "  Vol.  VI,  p.  785. 


m 


DIRECT  LEGISLATION   |.\  AMERICA 


Xchraska  carrie*!  the  system  of  its  fuller  recofrni- 
li«»n  of  the  iHJopk-'s  riRlit  to  ori|;iiuite  or  to  veto  onli- 
i»ances  of  any  kitui  when  hy  chapter  32  of  \Ht,^,  in 
efTect  «)n  July  10.  fifte.-ii  |Kr  cent,  of  the  voters    n  any 
ninnici|)al  suhdivisitm  of  Xehraska  are  autlmrizecl  to 
pro|x)se  any  ordinance  which,  milcs^  a<lopte«l  by  the 
council,    goes    to    the    next    nnuiicipal    electi.m.      If 
amended  hy  the  council.  ImmIi  pro|K.sitiuns  j^'o,  and  that 
one  prevails  which  receives  the  larj^'er  vote.  provi<le<l 
that  Iwtween  them  they  receive  a  majority  of  all  the 
votes  cast.     .\  i)etition  „f  twenty  iwr  cent,  sends  the 
question  to  a  .s|K-cial  electicm  witliin  thirty  to  .sixty  day.s 
after  filin^r.    This  act  is  n..t  operative  till  accepte.l  hy 
invoked  against  any  ordinance  within  thirty  days  after 
being   pas.sed    hy   the   council    unless  declared    to   be 
urgent   for  the  immediate  preservation  of  the  public 
i;eace  or  health,  or  unless  items  of  the  modern  city 
appropriations  and  passed  by  a  unanimous  yea  and 
nay  vote.     The  same  jK-rcentages.  fifteen  and  twenty, 
determine  with  reference  to  the  next  regular  municipal 
election  cKcurring  fifteen  days  after  filing  the  petition 
or  to  a  special  election  within  fifteen  to  twenty  days 
after  filing   the   petition.      The   referendum   may  be 
the  voters  of  the  particular  town  or  city.     Lincoln 
adopted  the  provisions  of  this  .statute  at  the  city  elec- 
tion May  7.  1907.  by  J.754  to  679.  Mr.  I-'.  W.  Brown 
hemg  elected  mayor  by  2.632  to  2,590.     Omaha  ac- 
cepted this  initiative  and  referendum  statute  Novem- 
ber 6,  1906.  by  6.373  to  r.437.  'nit  no  (lucsti.ms  under 
It  have  since  been  brought  to  a  popular  vote. 
*  105 


iT:i 


I 


TIIF,  INITIATIVF..   RF.FF.RE>fDUM   AND  RECALL 


5?outh  DnkrXa  was  tlic  firnt  Matt*  t<»  cmlHHly  in  her 
const  it  lit  inn  the  provisions  for  the  initiative  and  rcfcr- 
cndnm.  adoptiiif;  the  atnendnu-nt  N'ovcnilier  8.  iH<>K. 
hy  j^^.Hid  to  16.48^.  wherehy  not  mi>re  than  five  jht 
cent.  «tf  the  voters  is  to  Ik?  re(|nirc<l  for  eitlur  the 
initiative  or  the  rel'ercmhim.  This  apphes  to  cities  as 
well  a«,  to  the  state,  ami  the  lejfislature  the  following 
year  nia<le  provisions,  chapter  04.  for  carryinjj  int«» 
effect  the  initiative  and  referendtnn  in  numicipalities. 
lixinj,'  the  re<|iiiremenl  at  five  \iev  cent,  of  the  vote  cast 
at  the  last  election. 

C)rej;<)n  adopted  a  state  system  of  the  initiative  and 
refereniinm  June  2.  ujiu,  hy  a  vote  of  62,204  to 
5.r/»H.  The  people  t<M)k  advantage  «»f  its  provision  for 
the  initiative  and  amended  the  constitution  at  the 
hiemiial  election  June  4.  i(/)6.  hy  47.O7S  to  16.735, 
and  estahlished  local  direct  legislation,  with  not  more 
than  trn  jK-r  cnt.  re<|iiired  to  order  the  referendum 
or  fift -en  jht  cent,  to  propose  any  measure  by  the 
initiative  in  any  city  or  town. 

Montana  followed  Oregon  in  a  constitutional 
amendment  for  direct  legislation  Noveml)er  6.  ii>t)6, 
with  a  vote  of  36,374  to  6.616,  and  the  legislature  the 
next  winter,  hy  chapter  62,  provided  for  the  applica- 
ti(m  in  cities  and  towns  of  the  reftrendum  on  the  |)eti- 
tion  (/f  five  per  cent,  and  of  the  initiative  on  eight  ])cr 
cent.,  with  fifteen  iwr  cent.  re(|uired  in  cither  case  to 
<lemand  a  special  election. 

Oklahoma  in  her  new  constitution  adopted  Septem- 
ber 17.  1907.  which  President  Rix)sevelt  in  his  procla- 

106 


DIRECT  LECJISI.ATION  IN  AMERICA 

malion  on  Novemt>cr  tft,  kjo;.  ilcclare.l  to  Ik-  "  rrpiil>- 
lican  in  form.'  provideH  for  n  Irnral  rtfcrcn<liim  .iihI 
initiative  as  well  as  a  state  system.  ati<!  fixes  the  i>er- 
ccntajfe  for  cities  at  twenty-nvc.  In  the  cun^titnti..nal 
anien.hnrnt  e<*tal»lishinif  a  Mate  sysfeni  of  .lirect  le^is- 
latiun.  which  Maine  adopted  Septenil.er  14,  1908,  by  a 
vote  of  5i.«;.>i  to  J^.74^^.  section  21  provides  that  any 
city  may  establish  the  initiative  and  referendum 
throuRh  an  ordinance  ratifieti  by  a  |K)pular  v«»te. 

!  IIIim>is.  under  the  public  opinion  law.  a  vote  wa>< 
takci,     t  the  state  election  in  Novi-ml»er.   npj.  ufxm 
the  p(jpular  {)etiiion  for  a  local  referendum  law  and 
resulted    in  a    fav<»ral)le   vote  of  .V>o.<>72   to  83.^77. 
This  expression  of  opinion  was  ignored  by  the  U^'isla- 
ture.    A  second  vote  was  taken  XovemlKT  8.  i(/)4.  .,n 
a  similar  (piestion  of  establishing  a  lc»cal  five  per  cent, 
peoples   veto,  and   resulted   in  an   even   m.)re  over- 
whelming v(»te  in  its  endorsement— 535,501  to  t}T..\jo. 
The  pc»)ple's  representatives,  however,  have  paid  no 
attention  to  these  an'l  other  similar  expressions  of  the 
people's  wishes. 

The  greatest  IcKal  development  of  direct  legislation 
has  been  witnessed  in  the  Pacific  states.  San  l-'ran- 
cisco,  under  the  home-rule  provisions  of  the  tali  for- 
ma constitution,  elected  a  Iward  of  freeholders  De- 
cember 27.  1897,  to  profjose  a  new  charter  which  was 
ratified  at  a  .special  election  May  26.  i8fj8.  by  14,386 
to  12.0J5.  and  having  been  approved  by  the  legislature 
in  1899,  chapter  2.  went  into  efTert  January  8.  kjoo. 
It  provided  for  an  initiative  on  the  petition  of  fifteen 

107 


'  .f  I 


Till-    INITIATIVE.   REFKRFA'DUM   AND   RECALL 


per  cent,  of  the  voters  to  apply  either  to  onhnances 
or  to  charter  an.cmhnents ;  and  franchises  for  water- 
works or  hglninjj  plants,  or  ordinances  for  the  pur- 
chase of  land,  must  be  referred  to  the  next  election. 
The  same  system  was  copied  by  Vallejo  through  a 
special  election  December  8.  1898  (chapter  5.  1899) 
and  by  Fresno,  October  19.  i8()9  (chapter  9.  1901). 

The  initiative  and  referendum  system  which  is  gen- 
erally thought  of  when  reference  is  made  to  it  is  that 
of  Los  Angeles,  adopted  at  a  special  election  December 
I.  1902,  by  a  vote  of  12.105  to  1,955.  ^'le  legislature 
ratified  it  in  1903,  chapter  6.  The  system  is  elab- 
orated in  much  more  detail  and  has  generally  served 
as  the  basis  or  model  for  other  cities  which  have  since 
adopted  direct  legislation. 

Under  the  initiative  any  proposed  ordinance  may 
be  presented  to  the  council.  If  five  per  cent,  petition, 
it  goes  without  alteration  to  the  next  municipal  elec- 
tion. If  fifteen  per  cent,  petition  and  re(juest  a  special 
elecHon,  it  must  be  passed  without  alteration  by  the 
council  within  twenty  days,  and  if  vetoed  by  the 
mayor,  repassed  by  the  council  or  the  council  nnist 
call  a  special  election  at  which  it  shall  be  submitted  to  a 
vote  of  the  people.  If  the  council  passes  it,  the  refer- 
endum may  still  be  invoked  against  it. 

The  basis  for  the  percentage  is  the  entire  vote  cast 
for  mayor  at  the  last  preceding  general  election.  The 
city  clerk  has  ten  days  in  which  to  examine  the  petition 
and  ascertain  whether  it  has  been  signed  by  the  requi- 
site number  of  qualified  electors.    If  found  insufficient, 

108 


DIRECT   LEGISLATION   I\   AMERICA 


the  petition  may  be  amended  within  ten  days,  after 
which  the  clerk  has  a  further  period  of  ten  days  to 
renew  his  verification  as  to  its  sufificiency  and  then 
present  it  to  the  council,  or  if  again  deficient  to  return 
it  without  prejudice  to  the  person  filing  it. 

Any  number  of  proposed  ordinances  may  be  voted 
upon  at  the  same  election,  but  not  more  than  one  spe- 
cial election  shall  be  liel'!  in  any  period  of  six  months. 
Any  ordinance  proposed  by  petition  or  adopted  by 
popular  vote  can  be  amended  or  repealed  only  by  vote 
of  the  people,  though  the  council  may  submit  at  any 
succeeding  city  election  propositions  for  repeal  or 
amendment. 

The  referendum  applies  practically  to  all  ordi- 
nances except  those  declared  to  be  urgent  for  the  im- 
mediate preservation  of  the  public  peace,  health  or 
safety,  and  passed  by  a  two-thirds  vote  of  the  council. 
No  franchise  grants  can  be  construed  as  urgency 
measures.  If  a  seven  per  cent,  petition  is  presented  to 
the  council  within  thirty  days  from  its  final  passage 
and  approved  by  the  mayor,  the  ordinance  shall  be 
suspended  from  going  into  operation  and  the  council 
shall  reconsider  and  entirely  repeal  the  ordinance, 
or  it  shall  be  submitted  to  a  vote  of  the  electors  at  the 
next  general  election  or  at  a  special  election  called 
for  the  purpose,  and  shall  not  go  into  effect  unless 
approved  by  a  majority  of  voters  voting  on  the  same. 
Ten  days  prior  to  the  election  at  which  any  ordinance 
is  submitted  to  the  voters  the  city  clerk  mails  to  each 
voter  a  printed  copy  of  the  ordinance  with  a  sample 

i09 


i'-.i 


Ml 


.^^Tt 


THE  INITIATIVE.    REFERENDUM   AND   RECALL 

Fallot  unless  the  council  has  ordered,  in  place  of  this, 
its  publication  in  the  official  ne\vspaf)cr  of  the  city  in 
the  same  manner  as  ordinances  ado[)ted  by  the  council 
are  required  to  he  pubhshed. 

The  moveuient  thus  started  made  rapid  progress. 
Sacramento.  San  ncrnardiiio,  San  Diego  and  Pasa- 
deua  held  special  elections  on  November  3.  1903.  Janu- 
ary 6,  1905.  January  27.  1905,  and  February  28,  1905, 
and  adopted  ajueudments  to  their  charters,  except  in 
the  case  of  San  Oernardino.  which  proi)()se(l  an  en- 
tirely new  charter,  and  the  legislafne  gave  its  ap- 
proval in  1905.  in  chapters  12,  15,  u  and  20  of  the 
current  resolutions. 

Eureka,  Santa  Monica,  Alameda.  Santa  Cruz, 
Long  Beach  and  Riverside  held  elections  on  June  19,' 
1905,  March  28.  1906.  July  18.  1906.  January  22, 
1907,  February  5,  1907.  and  March  i.  1907,  to  adopt 
new  charters,  which  were  ajjproved  by  the  legisla- 
ture in  its  session  of  1907,  in  chapters  14.  6.  7.  9,  jc 
and  25. 

In  general  these  later  charters  followed  pretty 
closely  the  model  of  Los  Angeles.  San  Diego  adopted 
the  same  percentages;  five  and  fifteen  per  cent,  for  the 
initiative  for  general  and  special  elections  respectively, 
and  seven  per  cent,  for  the  referendum.  Sacramento 
and  Riverside  require  ten  per  cent,  for  either  the 
initiative  at  a  general  election  or  for  the  referendum. 
Eureka,  Alameda  and  Santa  Cruz  raise  the  percentage 
for  a  special  election  for  the  initiative  to  twenty  and 
vary  the  referendum  slightly  by  having  fifteen  per  cent. 

HO 


DIRECT  LEGISLATION   IN  AMERICA 


to  keep  an  ordinance  from  going  into  effect  before  the 
election,  while  ten  per  cent,  allows  it  to  become  opera- 
tive subject  to  its  repeal  ten  days  after  an  adverse 
popular  vote. 

Long  Beach,  Santa  Monica.  Pasadena  and  San 
Bernardino  raise  the  percentage  still  hifj^her,  to  thirty, 
for  the  initiative  at  a  special  election,  and  in  general 
have  high  percentages  for  the  other  rccpiirements, 
ranging  from  ten  to  thirty. 

The  following  table  may  illustrate  more  graph- 
ically the  va  ious  percentages  required  in  tiie  different 
cities ; 

Initiative  to  Referendum 

General  or  Special  Elections 

San  Francisco 15 

Vallejo 15 

Fresno 15 

Los  Angeles 5  15                     7 

San  Diego 5  15                    7 

Sacramento 10  15                   10 

Riverside 10  15                   10 

Eureka 10  20             10-15 

Alameda 10  20             10-15 

Santa  Cruz 10  20             10-15 

Long  Beach 10  30                  25 

Santa  Monica 25  30            25-30 

Pasadena 30  10 

San  Bernardino 30  30 

In  view^  of  the  fact  that  the  initiative  and  referen- 
dum have  been  put  to  comparatively  rare  use,  it  would 
seem  distinctly  unwise  to  raise  the  percentages  so  high 
as  to  make  the  system  almost  unworkable  when  for 
good  reason  there  should  be  resort  to  it.     The  ten, 

III 


!    j 


THE   IMTIATIVE.    KK KKKEXDLM    AND    RECALL 

twenty  and  ten  fonmila  may  be  a  conservative  and 
moderate  une.  tiiougli  friends  of  the  system  in  L..s 
Angeles  arlvise  against  increasin,:^-^  the  percentages 
which  prevail  there  of  the.  fifteen  and  seven. 

There  are  several  variations  on  the  general  model. 
Pasadena  allows  the  conncil  to  suhmit  to  the  voters  an 
alternative  to  the  measure  suggested  hy  the  initiative. 
Eureka.   Alameda  and   Santa  Cruz  make  twenty-five 
per  cent,  obligatory  for  an  initiative  petition  against 
measures  adopted   by  the  electorate.      Santa    Monica 
does  not  allow  a  measure  enacted  by  the  people  to  be 
amended  by  the  council  before  two  years  and  forbids 
a  measure  to  be  submitted  a  second  time  except  by  the 
council  or  on  a  thirty  per  cent,  petition.     Santa  Cruz 
allows  a  referendum  on  the  same  measure  twice  within 
a  year  only  on  a  forty  per  cent,  petition.     Alameda 
permits  a  special  election  if  the  expenses  are  paid  in 
advance  by  the  applicant  for  a  franchise  or  by  other 
persons.     Alameda.  Santa  Monica.  Riverside  and  Sac- 
ramento pro\ide  that  if  the  provisions  of  two  or  more 
measures,  which  are  adoptrd  at  the  same  election,  con- 
flict, then  the  measure  receiving  the  highest  affirmative 
vote  shall  control. 

The  experience  of  L.)s  .\ngeles  throws  light  upon 
the  value  of  direct  legislation.  There  has  been  only 
one  special  election  called  under  a  fifteen  per  cent, 
initiative  petition  obtained  by  the  prohibitionists,  who 
tried  to  close  all  saloons;  but  in  this  they  were  de- 
feated. 

At  the  general  election   December  6.    1904,   four 

11^ 


DIRECT  LEGISLATION   IN   AMERICA 


ordinances  were  presented  under  the  initiative  to  fix 
the  limits  of  slau^diter-liousc  districts.     Though  con- 
fusing and   conflicting,  a   local  authority   states  that 
with  keen  intelligence  and  good  judgment  the  people 
carried  the  best  one  by  a  hatidsonie  majfirity.     About 
a  year  ago  an  additional   franchise  of  great  fmancial 
and  strategic  value,  estimated  to  be  worth  a  million 
dollars,  was  given  by  the  council  to  the  street  railway 
corporation.    Though  rushed  through  to  catch  the  peo- 
ple napping,  under  the  tlireatened  use  of  the  referen- 
dum and  the  recall,  the  ordinance  was  revoked  by  the 
council.     In  the  spring  of   kjoS  the  council  granted 
for  five  hundred  dollars  another  very  valuable  fran- 
chise to  this  same  street  railway  company,  and  passed 
it  over  the  veto  of  the  mayor.     .\  referendum  petition 
was  presented  May  18,  and  the  council  having  refused 
to  repeal  the  ordinance,  it  was  held  up  and  referred 
to  the  next  municipal  election.     Since  the  same  city 
council  had  refused  to  pass  an  ordinance  compelling 
the  street  railways  to  properly  equip  their  cars  with 
efficient  fenders  and  run  at  a  moderate  rate  of  speed 
within  the  heart  of  the  city,  although  the  accitlents 
and  mortality  were  said  to  be  greater  proportionately 
than  in  any  other  city,  the  Voters'  League  secured 
over  four  thousand  signatures  to  a  petition  calling  for 
a  special  election,  but  before  presenting  it  persuaded 
the  council  to  adopt  a  satisfactory  ordinance,  which 
has  since  been  the  cause  of  saving  many  lives.     Los 
Angeles  claims  a  population  of  over  three  liundnM 
thousand,  which  would  perhaps  rank  it  as  the  seven- 

113 


IflK   IMTiAII\F.    Ui;i  KKKNUUM    AND   RECALL 


tceiitli  larj^cst  city  in  the  United  States,  approxitnatinij 
tlif  si/e  (tf  W  asliinuti'ii. 

As  the  city  iti  which  the  modern  system  of  chrect 
Icj^ishition  was  estahhshed  first  and  has  therefore  heen 
^iven  the  lonjijest  trial,  it  is  iiiterestinjj^  and  instructive 
to  see  what  testitiK'ny  i^  ofYered  as  to  its  value.  The 
first  act  of  a  cominiiue  lately  sitting  on  charter  re- 
vision was  to  resuhf  that  the  direct  lej^islation  ])r()- 
visions  he  retained  intact  witiiout  any  increase  of  per- 
centaj,'es. 

Miiiiiti/^al  Affairs,  the  orjjan  of  the  Miuiicipal 
Lea^nie  of  Los  Angeles,  says  that  "nothinpf  hetter  has 
happened  to  I.os  Angeles  than  mal<in,i,r  the  initiative, 
referendum  and  recall  a  part  of  its  or^^anic  law.  Larpe 
as  was  the  vote  in  their  favor,  it  would  he  many 
times  lari^er  should  any  attempt  he  made  to  eliminate 
tliem."  and  points  out  "that  to  a  very  large  extent  the 
value  of  the  initiative,  referendum  and  recall  lies  not 
in  the  fact  that  they  are  used,  but  that  they  may  he 
u.sed.  'Ihey  are  the  most  powerful  deterrent  we  have 
ag-ainst  had  officials  and  corrupt  and  incompetent  law- 
malsuijj;-." 

Two  years  ai^o  a  circular  letter  addressed  to  the 
Christian  people  of  California  says  that  "civic  reform 
and  a  revival  of  practical  rij^hteousness  cannot  be  se- 
cured by  individual  or  religious  efforts  alone,  without 
regard  to  environment  and  practical  means  of  work- 
ing. Our  duty  and  responsibility  as  voters  also  re- 
quire us  to  secure  a  simple  method  by  which  Christian 
influence  can  be  maile  most  effective  in  promoting  the 

114 


DIRECT  LEt;iSLAiI()N   IN   AMERICA 

puhll'-  welfare.  The  f)est  iiietlmd  yet  proposed  for 
non-partisan  political  artion  is  <lirect  legislation — the 
initiative  and  referendum."  This  riniilar  was  sij^Micd 
by  ten  leadinjj  ministers  of  the  Methodist.  Maptist. 
Presbyterian.  Conjrrcj^rati,,,,.,!  ;i,„i  ,,,1,^.^  (U-nomina- 
tions,  by  Bishop  T.  J.  C'onaty  of  Monterey  and  Los 
Anjrcles.  and  by  the  president  of  Pomona  C'olje^'e. 

The  Republican  mayor  of  Kiverside.  which  adopted 
direct  lefjislation  last  year  but  as  yet  has  not  bnnijfht 
any  questions  under  it  to  a  i)opular  vote,  writes  that 
as  an  abstract  pro[Kisition  he  thinks  there  is  no  room 
for  adverse  ar^rnmcnt.  but  ad<ls :     ''In  my  jud-mcnt 
if  the  lawmakers  could  be  elected  or  appointed   free 
from  any  obligation  to  cither  corporations,  individ- 
uals, or  parties  and  could  then  make  the  laws  ])lain 
and  do  away  with  technicalities  and  give  a  quick  .serv- 
ice of  the  law  to  all  alike,  there  would  be  very  little 
agitation  for  what   the  strictly  political  persons  call 
these    insane    and    anarchistic    provisic.ns."      As    no 
American  city  has  yet  been  able  to  accomplish  the 
aforesaid  "if."  it  is  probable  that  these  "  in.sane  and 
anarchistic    provisions  "—the    best    method   yet    pro- 
posed for  non-partisan  political  action— will  continue 
to  be  resorted  to  by  those  who  desire  to  make  Chris- 
tian influences  effective  in  promoting  the  public  wel- 
fare. 

In  Alameda  the  council  voted  to  spend  the  one  hun- 
dred and  fifteen  thousand  dollars,  authorized  by  popu- 
lar vote  for  playgrounds,  upon  one  tract  only,  at  a 
very  high,  price.     The  mayor,   favoring  three  play- 

"S 


^ 


THE   INITIATIVK.    KK IKKI-NDUM    AND   RECALL 


41 


Rrmitids  ill  (lifTeront  parts  of  the  city,  vetoed  the  ordi- 
nance, and  in  the  cnMim^  deadlock  secnn-d  an  initia- 
tive petition  of  twenty  per  cent,  of  the  voters,  by  which 
this  (int'stinii  was  referre<I  to  jx.pnlar  decision  at  a 
siwcial  elect i(Mi  May  j.  i.joS.  when  the  mayor's  posi- 
tion  was  snstained  by  a  vote  of  1.07K  to  6j().  which 
carried  every  precinct. 

Inasmuch  as  the  recall  has  been  adopted  very  gen- 
erally as  a  part  of  the  new  system  of  direct  legislation 
and  is  often  referred  to.  as  above,  as  one  of  the  bul- 
warks of  the  people  against   misrepresentative  gov- 
ernment, it  may  Iw  well  to  consider  briefly  its  present 
status  in  the  above  cities.     Pa[)ers  in  the  1905  and 
i9or>  \olumes  of  I'rocn'dinfis  of  the  League  have  de- 
scrilwd  the  principles  of  the  recall  as  first  devised  for 
Los  Angeles  and  'atcr  adopted  in  Pasadena.  Fresno, 
San  Bernardino  and  San  Diego,  and  also  the  first  use 
of  it  in  Los  Angeles  in  the  removal  of  a  councilman. 
Since  then  Santa  Monica,  Alameda.  Santa  Cruz.  Long 
Beach  and   Riverside,  as  well  as  San  Francisco  and 
Vallejo.  whose  charters  were  adopted  prior  to  this  new 
movement  by  Los  Angeles,  have  all  inserted  in  their 
charters  provisions  for  the  reca'I.     In  four  instances 
the  retjuired  percentage  has  been  raised  from  twenty- 
five  to  thirty  or  forty.     The  popular  votes  on  its  adop- 
tion have  been  strongly  in  its  favor;  the  latest  one 
being  22.945  to  5.597.  in  San  Francisco  in  November. 
1907,  where  it  was  proposed  by  an  initiative  petition. 
The  recall  was  invoked  June  30,  1907,  in  two  wards 
of  San  Bernardino  against  two  councilmen.    A  petition 

116 


m 


DIRECT  LEGISLATION  IN  AMERICA 

ff)r  the  recall  was  liel<l  by  the  court  as  valid  in  San 
Dif^n.  but  the  term  of  tlie  councilmeu  expired  la-fore 
the  le^'ul  proceedings  had  l)cen  brought  to  a  close. 

Oregon  adopted  on  June  i.  H)oH,  by  5K.381  to 
3i,cx)2,  under  an  initiative  inrtition.  an  amendment  t<. 
her  constitution  whereby  she  became  the  first  state  to 
render  every  public  ofVicer  subject  to  the  recall  by  the 
voters  of  the  state  or  of  the  electoral  district  from 
which  he  is  chosen,  not  more  than  twenty-five  per  cent, 
of  those  voting  for  the  justices  of  the  supreme  court  at 
the  preceding  electitm  to  be  necessary  for  filing  the 
petition.  The  recall  thus  Ix-comes  available  for  all 
cities  in  the  state, 

Portland.  Oregon,  by  its  charter  adopted  June,  iqoj. 
provides  for  a  fifteen  per  cent,  initiative  to  the  general 
election  and  a  fifteen  per  cent,  referenduin  against  all 
ordinances  for  franchises  or  for  the  municipal  owner- 
ship of  public  utilities.  At  the  electi(m  June  3,  1907, 
twenty-one  f|uestions  were  submitted  to  the  voters,  but 
of  this  seemingly  e.xcessive  number  sixteen  were  re- 
ferred by  a  vote  of  the  city  council  and  only  five  were 
due  to  initiative  petitions. 

In  Washington,  under  a  law  passed  March  21, 
1903.  a  petition  oi  fifteen  per  cent,  of  the  voters  ask- 
ing the  adoption  of  a  specified  charter  amendment, 
within  the  realm  of  local  affairs,  causes  it  to  be  sul>- 
mitted  at  the  next  municipal  election.  .\  charter 
amendment  was  thus  initiated  in  Seattle  and  adopted 
March  3.  1908.  by  11,493  to  6.063.  providing  for  the 
referendum  on  ten  per  cent,  and  for  the  initiative  on 

"7 


1; 


Tlin   IXfTIATrVK.    Kr.lKKF.NDUM    AND   HFXM.L 


iNvt-nty-fivi'  |Kr  aiit.  In  p)  to  the  next  rt-^jnlar  eleo- 
ii"!!.  'Ihiif  iHtiiiniis  have  siiuv  k-cii  prcsinti-d  hut 
were  fotind  iiisiiKicicnt.  'I  ho  nrall  was  ailnpti-d  at  the 
city  dvcium  M.irdi  5.  nx/,.  hy  <Mi  j  to  1.265.  l.-.vcr- 
ctt  adoptnl  a  city  charter  N'oviinU-r  jO,  ujoy,  o.ntain- 
iti^f  the  initiative,  referendum  and  recall  hy  a  vote  of 
2,jHj  to  ^X<).  'Ilu.  iKTceinaj,'es  are  twenty,  ten  and 
twenty-live  res|KrtiveIy.  Spokane  has  a  provision  for 
a  nftten  jicr  cent,  referendum. 

Denver,  tinder  the  h..me-nile  pnnisions  of  the  Col- 
orado cf)nstitiiti<.n.  elected  its  lM)ar.|  of  freehoMers  and 
ratified    the    proposed   charter    March   jg.    i(/)4.      A 
twenty-five  |K'r  tent.  jK-tition  is  recpn'red  for  either  the 
initiative  or  the  referendum  atwl  all  franchises  must  be 
snhnntted  to  the  vf.te  of  the  .pialilied  ta.xpayin^r  voters 
and  the  expense  of  such  snhmission  paid  in  advance 
l)y  the  applicant.     At  the  jfeneral   election   May    15. 
iQor..  un<ler  a  petition  with  twenty  thousand  sij,M,atures 
an  initiative  ordinance  was  voted  on  which  had  U'en 
drafted   hy  the   Mu.ncipal   Ownership   League  fixing 
maximum  chari^as  for  gas.  electricity  and  water,  and 
provi.ling  for  children's  half-fare  tickets  on  the  street 
railways. 

The  initiative  and  referendum  have  been  given  a 
great  impetus  through  another  movement  which  has 
aimed  hy  establishing  a  commission  form  of  govern- 
ment to  lessen  inefficiency,  waste  and  corruption 
through  concentrating  i^wer  and  responsibility  u}K)n  a 
small  Ikk'  of  men.  The  commission  system  was 
first  auth.)ri;^ed    for  Galveston   in  a   charter  granted 

118 


-'±^j^'y::if^i^i^''W' 


DIRKC  r  I.F.cllSLATION   IN  AMERICA 


by  the  Texas  IcKi^I."'        in  i«;«)i.     A  full  accmmt  of 
this  plan  in  its  c.|Kralinn  thtic  nuiy  Ik*  fnnml  in  the 
H)i)(t  ami   \it(>7  snhmus  of  iht-  Lcamu's  l'roi\'i'dm^< 
The  rt'UrnuUini  is  uhhj^atory  on  |)ro|>osi'iI  issnt-s  of 
Ixintls  whiih  must  Iht  approved  hy  a  majority  of  «|nal- 
ifietl   taxpayin^'   voters.      The  example  of   (Jalustoii 
was  follnwed  hy  other  cities  in  Texas.     Honsttm  in 
ujc\i.  and  ICl  I'aso,  hurt  \\'.»rth  and  Dalhis  in  i<^»7. 
ohtaine*!  charters  for  a  commission  government,  and 
Waco*  vote. I    for  it  this  sprinjjf.      San   Antonio  in  a 
new  charter  of  i(>o.^  |)rovided  for  a  ten  i»er  cent,  refer- 
enchim  to  apply  only  to  franchises  and  suspending  the 
operation  (»f  the  ordinance  until  it  has  Iktu  ratified  hy 
a  majority  of  all  voters.     Houston  introfhices  a  varia- 
tion in  that  the  referendum,  on  a1!  franchises,  is  avail- 
able on  the  petition  of  the  jleCnute  tiumlier  of  (wv  hun- 
dred voters,  while  h'.l  Paso  introduces  a  further  varia- 
tion in  majsinj;  the  referendum  (Ie|)en(l  on  four  lunidred 
voters  who  are  taxpayers,  or  on  the  volition  of  the 
council  itself.     Fort  Worth  jjrovides  a  twenty  jht  cent, 
referendum  and  also  a  twenty  |xt  cent,  recall.    Cireen- 
ville  and  Denison  in  their  1907  charters  for  a  council 
of  mayor  and  two  aldermen  provide,  the  one  for  a 
referendum  on  franchises  on  the  [x-tition  of  one  hun- 
dred voters,  and  the  other  for  a  twenty  jier  cent,  recall. 
Dallas  follows  the  California  model   more  closely  in 
allowing-  an  initiative  to  the  fjenerai  election  on  five 
per  cent,  with  fifteen  i)er  cent,  for  a  si)ccial  election, 
and  a  referendum  on  franchises  on  a  jx'tition  either  of 
fifteen  {)er  cent,  or  of  five  hundred  voters,  and  doubles 

119 


TIIF,   IMTIATIVi:.   ki:i  KKKNDUM    AND   KKi  Al.l. 

the  time  within  wliith  to  |Kfitic»n  hy  makinfj  this  jwrioU 
sixty  .lays;  and  also  has  a  thirty-live  [kt  cent,  recall. 

'Ilic  final   form  Ity  wliiih  the  lonunission  plan  of 
govirnnicnt  i%  at  the  present  tune  JK-in^f  jfenerally  coni- 
hineii  with  .jirect  U'K'isIati.Mj.  aixl  often  with  the  recall 
of  the  Los  An^'eles  ty|K,'.  has  Ix-en  inatle  prominent  hy 
Des  Moines.    Hy  a  law  i»;ish'iI  March,  jt),  n^i;.  h.wa 
l>erinits  all  cities  in  the  state  w  ith  a  popniatioii  exceed- 
ing,' twenty-five  thonsand  to  adojit  hy  |)opiilar  vote,  on 
a  iRtition  of  twenty-five  |Kr  cent,  of  the  nnnih^r  vot- 
ing at  the  preceding  city  election,  a  charter  which  is 
set  f(.rth  in  the  act.     Des  Moines  adopted  this  charter 
June  j{).   K^o;.   by  r,.()44  to  4.143.  and  it  went  into 
effect  the  following  March.     The  initiative  re«|uires  a 
ten   |KT  cent,    jjetition    for   the   general   election   and 
twenty-five  jht  cent,  for  a  s|»ecial  election.    The  refer- 
endum may  he  deman«led  hy  a  twenty-five  jK-r  cent, 
jR'tition  presented  within  ten  <lays  after  tlje  passage 
of  the  ordinance  objected  to.     Twenty-five  i)er  cent,  is 
likewise  required  to  bring  the  recall  into  o|)eration. 
At  the  election  NovemlxT  .^.   i<x)S.  there  were  three 
referenda  voted  on  and  carried  by  decisive  majorities. 
An  interesting  incident  was  the  voting  of  the  women 
on  these  questions  in  ;  ccordance  with  the  terms  of  the 
charter.     Cedar  Rapid    is  the  second  city  in  the  state 
to  adopt  a  similar  charter  which  went  into  effect  April 
8,  1908,  and  according  to  the  mayor  has  been  univer- 
•sally  .satisfactory.     Sioux  City  voted  against  the  ac- 
ceptance of  a  commission  charter  567  to  533.     South 
Dakota  passed  an  act.  chapter  86.  in  if^)r,  that  is  very 

120 


DIKKt  T   I.K(ilSI..\TIoX   |\   A.MKKKA 


. 


similar  t»i  the  one  in  Iowa,  l»nl  the  iKTcentajftH  are 
cunsi.icral.ly  lower.     (  itks  arc  allownj  to  a.|o|,t  the 
connniHsion  iurm  thartir  at  s|K(ial  ekctionn  IkI.I  utulcr 
an  initiati\e  |Kiiiion  of  lirtcvn  ^kt  tent.     Hoth  the  in- 
itiative ami  till-  iifiitii.hini  are  hronj^ht   into  nse  on 
a  live  |XT  cent    |k  tit  ion.  an<l  a  |KTioil  of  twenty  day* 
is  allowed;  while  the  recall  re«|nires  fifteen  |kt  cent. 
Sioux  Falls  vt.tecl  SepteniU'r  ji),  ic>()«.  |,y  x-^  ,,,  ^.^^ 
to  incorjK.rate  under  this  charter.     I.ewision  was  jriven 
a   new   charter   hy   the    Idaho   leKislatme.    March    ij. 
n>07.  providing  for  a  ma\or  and  m.\  councilors  elected 
at  lar^e     The  initiative  jHtitiotis  of  live  and  fifteen  |)er 
cent,   call    for  action  at   Kviural  and   siK'cial  elections 
res|)ecti\ely.     The  referendum  may  l»e  invoked  within 
thirty   days  a^'iinst    franchises  and    real   estate   ordi- 
nances on  iK'tition  of  three  hundred  voters.     The  recall 
re(|uires  twenty-hve  ixr  cent.     I'nder  the  initiative  a 
special  election  was  hel.l   Xoveinher  5.    i.x)X.  .,n  the 
iHJtition   for  an  ordiname  desi/^'md  to  secure  prohihi- 
tion  throughout  the  city.    Tin  onlinance  was  defeated. 
Kansas  passed  an  act  March  j.  1907,  settinjr  forth 
a  commission  form  of  /ijoveninient  and  iK-rmittinjf  all 
cities  .)f  the  hrst  class  to  adopt  it  hy  a  maj..rity  vote 
at  a  .sjiecial  election.     A  ten  \n:r  cent.   refereiKhim  is 
authorized   on   all    franchise   ordinances   within   sixty 
days  after  their  jiassage  and  the  entire  expense  of  the 
city  election  must  Ik-  paid  in  advance  hy  the  franchise 
applicant.     I.eavenworth  adt.pted  the  act  I'ehruary  11. 
ic>i«.  hy  i.93_.  to  1,585.  hut  Wichita  rejected  it.  De- 
cem!)er  ;^.  iCfCt';,  by  3.2(k.  lu  i.jiS. 

9  131 


THE   INITIATIVE,    REFERENDUM   AND   RECALL 


In  conservative  Massachusetts  two  cities  havehlazed 
the  way  to  direct  lej^islatioii  in  the  charters  which  they 
have  just  ailopted.  Haverhill  was  the  first  to  accept 
the  new  law,  chapter  574,  hy  a  vote  of  3,066  to  2,242, 
at  a  s|)ecial  election  October  6,  1908,  followin^j  the 
model  of  Des  Moines  exactly  in  the  various  percentages 
re(|nired  for  the  initiative,  the  referendum  and  the 
recall.  Gloucester  accepted  chapter  611  on  Novem- 
ber 3,  1908,  by  1,762  to  1,400.  Twenty-five  per  cent,  is 
re(|uired  for  either  the  referendum  or  the  initiative, 
and  the  recall  is  not  authorized. 

Kansas  City  elected  a  board  of  freeholders  under 
the  home  rule  ])r()visions  of  the  Missouri  constitution 
and  adopted  the  charter  prepared  by  them  at  a  sjjccial 
election  August  4,  1908,  by  a  vote  of  14,069  to  5,219. 
The  recall  which  was  submitted  as  a  separate  proposi- 
tion was  lost,  not  receiving  the  necessary  four-sevenths 
of  the  total  vote,  the  figures  being  4.009  to  2,724.  All 
franchises  are  subject  to  a  twenty  per  cent,  referendum 
within  sixty  days  and  if  a  special  election  is  called,  the 
expenses  must  be  borne  by  the  person  or  corporation 
in  whose  favor  the  ordinance  is  enacted.  A  ten  per 
cent,  initiative  petition  can  cause  amendments  to  the 
charter  to  be  submitted  to  a  general  or  special  election 
at  which  they  must  be  accepted  by  a  three-fifths  ma- 
jority of  those  voting.  North  Dakota  and  Mississippi 
are  other  states  that  in  1907  (see  chapters  45  and  108) 
provided  for  a  popular  initiative  of  ten  per  cent,  to 
call  for  special  elections  to  act  on  the  question  of 
adopting  commission   government   charters   in   cities. 


122 


DIRECT   LEGISLATION  IN  AMERICA 

Wisconsin,  in  chapter  670,  authorizes  in  F907  the  same 
jjopular  initiative  of  ten  per  cent,  to  bring  l)efore  the 
voters  of  any  city  the  f|ii'.M,,  1  ,,f  accepting  that  act 
which  forbids  party  (lesigu.jr.ns  .,p  n  .r  lination  jwpers 
or  official  ballots. 

At  the  other  extreme  .1  4..  tl..  r^-nmission  form  of 
government  is  the  plan  ad-^jUeil  at   Nevviwrt.  Rhode 
Island.  June  6.    1907,  by  a  vote  of   1.804  to   1,161. 
where  the  representative  council  consists  of  the  un- 
usual number  of  one  hundred  and  ninety-five  members 
elected   from  the  fixe  wards,  with  a  mayor  and  five 
aldermen.     One  hundred  electors  may  initiate  a  peti- 
tion for  any  ordinance  or  expenditure  of  money  ex- 
ceeding ten  thousand  dollars  and  if  the  council  refuses 
to  pass  it,  a  second  {jetition  of  three  hundred  electors, 
or  roughly  six  per  cent.,  causes  the  proposition  to  be 
referred   to   s})ecial    ward   meetings   of   the  qualified 
electors.    All  votes  of  the  council  requiring  the  expen- 
diture of  a  similar  sum,  in  addition  to  the  regular  ap- 
propriations, are  subject  within  seven  days  to  a  refer- 
endum petition  of  one  hundred  and  fifty  electors  and 
must  then  be  referred  within  thirty  days  to  special 
ward  meetings. 

Other  cities  are  now  considering  the  adoption  of 
direct  legislation  under  new  charters,  among  them  be- 
ing Milwaukee,  Wisconsin,  Berkeley,  California,  and 
St.  Joseph,  Missouri.  No  instance  is  recorded  of  any 
city  rejecting  direct  legislation  after  having  once 
adopted  it  and  tried  it. 

Special  elections  should  not  be  held  except  when 

123 


^W.    IT  A 


THE   INITIATIVE.    RRFEkF.XDUM   AND   RECALL 


llFjj 


!  i 


tlic  (|ut'stions  to  l)c  prt'seiitt'd  arc  of  extreme  inijxir- 
tatue  and  such  as  to  arouse  the  coniinunitv  to  exhibit 
its  interest  hy  a  lar^a-  vote.  Under  such  coiuhtions 
special  elections  are  justifiable  because  they  further 
tend  to  keep  the  questions  out  of  jKilitics  and  allow 
them  to  Ix?  settled  on  their  merits.  Therefore  the  jx-r- 
centages  requisite  for  summoning  special  elections 
should  be  comparatively  high,  while  in  other  cases  they 
should  be  reasonably  moderate,  and  the  time  within 
which  a  referendum  petition  may  be  presented  of  suf- 
ficient length  so  as  not  to  make  the  burden  unreason- 
ably arduous  or  impracticable.  Experience  shows  that 
neither  the  initiative  nor  the  referendum  is  abused  by 
an  excessive  number  of  petiticjus. 

Nearly  every  form  or  combination  of  forms  in 
municipal  government  has  been  tried  and  hitherto  has 
been  more  or  less  of  a  failure.  Two  fundamental  dif- 
ficulties have  been  experienced.  The  masses  of  the 
voters  have  been  unfortunately  divided  by  allegiance  to 
and  consideration  of  national  or  state  partisan  organi- 
zations. The  influential  and  projierty  classes  have  too 
often  had  financial  interests  at  stake  in  the  (luasi-pub- 
lic  service  corporations  which  have  prevented  them 
from  considering  municipal  questiotis  with  an  eye 
solely  to  the  general  welfare  of  a  community. 

Direct  legislation  is  of  immense  gain  in  concen- 
trating the  attention  of  the  voters  upon  measures  and 
not  men.  Partisan  consideration  can  no  longer  domi- 
nate. Instances  are  numerous  where  party  candidates 
have  won,  but  the  measures  they  advocated  or  had 

124 


DIRECT  LECISLATION  IN  AMERICA 

passed  have  been  (K  teated.  Not  only  is  the  interfer- 
ence of  national  partisanship  in  municipal  affairs  very 
largely  rcdnced  and  neutralized  by  the  initiative  and 
the  referendum,  hut  there  i.  i  simultaneous  movement 
for  its  elimination  by  legislative  enactment.  The  char- 
ters of  the  Des  Moines  character  expressly  forbid  par- 
tisan designations  upon  the  ballots. 


CHAPTRR    V 


THK  REFF.RKNDUM   IN  THE  ITNITED  STATES  ' 


Knowledge  can  he  made  useful  as  a  basis  for  pub- 
lic action  only  by  the  general  acceptance  of  principles 
which  become  thereby  commonplace;  and  in  politics 
one  of  the  most  trite  amonjj;  these  is  the  doctrine  that 
the  value  of  an  institution  depends  upon  its  harmony 
with  its  environment.  The  referendum,  or  submission 
of  laws  to  direct  popular  vote,  has  grown  up  in  com- 
munities whose  other  institutions  have  differed  in  many 
respects  from  those  of  England.  To  point  out  those 
differences  and  exjjlain  their  effects  would  require  more 
space  than  the  pages  of  a  review  will  allow.  In  fact, 
to  compress  so  large  a  matter  into  so  small  a  room  it  is 
necessary  to  limit  one's  horizon  still  farther  by  exclud- 
ing all  subjects  not  strictly  germane  to  the  present  dis- 
cussion in  England,  such  as  the  local  referendum,  that 
is,  the  popular  vote  of  the  people  of  a  city  or  district 
upon  a  question  of  purely  municipal  character  or  upon 
the  application  of  a  general  act  to  that  district  alone. 

The  referendum,  in  the  restricted  sense  of  a  sub- 


>  By  President  A.  Lawrence  Lowell, 
from  The  Quarterly  Review,  June,  iqii. 

126 


Reprinted  by  permission 


■^.r.i:>  j: 


RLFERENDUM   IN   THE  UXHEI)   STATES 

mission  to  a  vote  by  the  whole  electorate  of  tneasures 
passed  by  the  representative  body,  has  been  introduced 
in  three  different  forms  at  three  different  iK'riods  of 
American  history.  The  periods  have  to  some  extent 
overlapped,  yet  the  movements  have  been  so  far  dis- 
tinct that  it  is  convenient  to  describe  them  separately ; 
and,  in  fact,  we  can  reco{,'nize  three  notable  waves  of 
the  movement  for  direct  popular  legislation,  each  rising 
higher  than  the  last. 

In  New  ICngland,  before  the  Revolution,  the  mem- 
bers of  colonial  assemblies  were  often  treated  as  dele- 
gates appointed  to  confer  together  and  report  to  their 
constituents;  and  after  the  end  of  the  colonial  period 
there  lingered  a  kindred  practice  of  instructing  the  rep- 
resentatives in  town  meeting.  But  leaving  aside  these 
early  types  of  democracy,  the  modern  referendum  first 
appears  in  America  in  the  form  of  submitting  state 
constitutions  to  the  [)eople  for  ratification.  This  was 
done  in  Massachusetts  in  1778,  when  the  proposed 
"  l*>ame  of  Government  "  was  rejected  by  the  voters ; 
and  again  in  1780,  when  the  constitution  that  is  still 
in  force  in  the  state  was  adopted.  New  Hampshire 
followed  her  example  immediately  afterwards,  submit- 
ting to  the  people  one  constitution  which  was  rejected 
in  1779,  and  another  which  was  ratified  in  1783.  It 
was  nearly  forty  years  before  the  procedure  was  copied 
elsewhere,  but  the  custom  then  spread  rapidly;  and 
after  1820  almost  all  new  state  constitutions  were  sub- 
mitted to  popular  vote.  The  uniformity  of  practice 
has  been  seriously  interrupted  only  on  two  occasions, 

127 


i  11 


TIM-    INITIATIVK.    RKFIi  kKXDlM    AND   RKC  ALL 


I 


each  the  result  of  wholly  exa-ptiona!  conditions.     The 
first  occurred   when   the   southern   states,   durinj.;  the 
stress  of  secession  and  reconstruction.  dis|K'nsc«l  with 
the  practice:  the  secotid.  when  several  (.f  these  slates 
followed  this  precedent   in  their  recent  effort  to  dis- 
franchise the  nc.i;roes.     The  situation   in   the  last  of 
these  cases  was  anoinal(.ns.     To   sul.init   to   the  old 
electorate  the  (|nestion  whether  it  would  withdraw  the 
sulfra-c  from  a  lar^e  part  of  its  nieinhers  was  clearly 
to  imperil  the  result ;  and  hence  in  several  of  the  states 
a  o.nvention  framed  and  adopted  a  new  constitution 
without  a  popular  \ote.    The  action  showed  no  distrust 
of  the  general  princii)Ie;  and  it  is  safe  to  rej^^ard  the 
doctrine  that  a  state  constitution  must  he  ratified  hy 
a  vote  i)i  the  people  as  a  firmly  cstahlished  tradition  in 
American  puhlic  life. 

Ihe  practice  has  hccn  applied  not  only  to  the  re- 
vision of  the  instrument  as  a  whole  hy  the  adoption 
of  a  new  con.stitution.  hut  also  to  what  the  Swiss  call 
a  i)artial  revision— that  is.  the  adoption  of  a  particu- 
lar amendment ;  a  provision  cmpowerinj?  the  legislature 
to  enact  amendments  subject  to  ratification  by  popular 
vote  being  embodied  in  the  constituti(jn  itself.  Such  a 
provision  first  appeared  in  Connecticut  in  1818.  and 
was  copied  by  other  states  until  it  became  almost  uni- 
versal. When  we  remember  that  the  constitutions, 
especially  among  the  newer  states,  have  been  growing 
more  and  more  elaborate,  including  many  subjects  nor- 
mally within  the  range  of  current  legislation,  it  is  evi- 
dent that  the  constitutional  referendum  covers  a  very 

1^8 


REFEREXDIM    IN'   THE   I'MTEO   STATES 

wide  fifld.  Still  it  is  a  difTcrent  tiling'  from  a  j^'cncral 
refirfiidum  oti  ordinary  laws,  especially  in  America, 
where  the  stream  of  statntes  is  swollen  to  such  a  tor- 
rent that  the  arts  of  statesmanship  have  been  larjjely 
applied  to  the  construction  of  dyk<'s  to  prevent  it  from 
floodinjr  the  country.  Since  the  u  'ters  comprised  in 
the  constitutions  have  been  those  i.  at  were  deemed 
relatively  i)ermatKMit.  the  i)opiilar  vote  on  constitutiotial 
questions  furnished  by  itself  imjjerfect  evidence  of  the 
way  in  which  a  general  referendum  would  work;  and 
yet  it  is  only  in  this  form  that  the  referendum  in  the 
Um'ted  States  has  endured  sufticiently  long,  and  has 
prevailed  widely  enough  to  justify  conclusions  drawn 
from  exi)erience. 

In  measuring  the  value  of  any  jxjpular  institution 
which  is  intended  to  bring  public  opinion  to  bear  uiion 
political  aflfairs.  we  may  properly  ask  ourselves  four 
questions :  whether  it  has  really  any  substantial  eflfect 
or  is  an  empty  form;  whether  it  fairly  expresses  public 
opimon;  whether  the  opinion  so  expressed  is  wise;  and 
whether  after  long  experience  it  retains  general  respect. 
That  the  constitutional  referendum  has  a  substan- 
tial eflfect  t:;?re  can  l)e  no  doubt,  for  amendments  re- 
ferred to  the  people  are  often  rejected.     It  has  been 
asserted  that  legislators  sometimes  pass  on  to  the  iK)pu- 
lar  tribunal  amendments  in  which  they  have  little  faith, 
in  order  to  rid  themselves  of  uncomfortable  political 
questions;  but  such  cases  can  form  only  a  small  part 
of  the  measures  rejected  by  the  people.    A  few  figures 
quoted  by  Dr.  Obcrholt«r  are  conclusive  u..on  the^'ree- 

1^9 


TIIK    IMTIATIVK.    RKI  KKKXDUM    aN'D    RECALL 


(    I 


•  loin  with  whith  the  \<»tcrs  refuse  their  nssctit  to  meas- 
ures they  (l«»  not  hki-.  Ik-  tells  ti>  that  tlu'  /.cj^isla- 
ti:r  Ihillctin  ..f  ihe  N.w  N  ..rk  State  Lihrary  for  the 
year-;  1K95  to  \Xi)y  gives,  for  all  the  states,  one  liun- 
(Ired  and  teJi  constitutional  .nniendnients  suhmitted  to 
fKijnilar  vote,  of  which  fifty  were  ratilled  and  sixty 
rejected.  In  a'l  earlier  periodical,  coverijij^'  the  six 
years  from  1SH6  to  1S91.  lie  finds  one  htuidred  and 
sixteen  amendments  so  suhmitted.  fifty-four  of  them 
licinj?  accepted  and  si\ty-two  rejected.  Whether  com- 
plete stati.stics  for  a  century  would  show  that  more  or 
less  than  f>ne-half  of  the  amendments  to  state  consti- 
tutions had  survived  the  ordeal  of  a  popular  vote,  it 
is  certain  that  the  proportion  rejected  would  prove 
the  hallot  to  he  no  empty  form,  hut  a  hij^hly  effective 
in.strument  for  defeating  proiM)scd  changes  in  the  fun- 
damental law. 

I  low  far  the  result  of  the  popular  vote  on  legisla- 
tive proposals  fairly  expresses  puhlic  opinion  is  a  much 
more  rlifficult  question,  on  account  of  the  smallness 
of  the  Vote  cast.  The  vote  on  measures  is  always  less 
than  that  for  the  principal  puhlic  officers  to  be  elected 
at  the  same  time.  .\s  Dr.  Oherholtzer  remarks,  only 
"  ahout  a  half  of  all  those  who  know  their  own  minds 
respecting  candidates  seem  to  care  anything  alx)ut 
measures."  Legally  those  v,ho  do  not  vote  are  neg- 
lected, and  that  is  the  only  way  in  which  the  referen- 
dum can  practically  he  used;  hut  when  twenty-six  i)er 
cent,  of  the  people  vote  for  a  measure  and  twenty-four 
per  cent,  against  it,  one  would  he  rash  in  making  any 

130 


REFERENDUM  IN  THE  UNITED   STATES 


positive  assertion  about  public  opinion  on  the  matter. 
The  ex|)ericiuT  of  Massachusetts — a  conservative 
rotntnonwealth  witit  a  ^oo<|  lej^islature,  wliose  |)eople 
have  practised  the  art  of  jKipular  votinj,'  on  constitu- 
tional (|nestions  lonper  tlian  any  other  comnnuiity  too 
lar^e  to  meet  in  a  general  assembly — may  Ik*  «»f  inter- 
ef'  on  the  two  (|uestio-^s  alrvady  discussed.  Since  tin.' 
adoption  of  the  constitution  of  I /So  there  have  Ik'ch 
submitted  to  the  iK-'oplc  fifty-eij^ht  (|nesti<'ns,  of  which 
thirty-nine  were  answered  in  the  alVntnative  atid  nine- 
teen in  the  negative.'  The  rejection  of  one-third  of 
the  proposals  shows  that  the  people  had  a  mind  of 
their  own :  but  the  variation  in  the  interest  they  ap- 
jK'ared  to  take  in  the  diflferent  measures  is  surprising. 
The  votes  castat  the  referenda  have  varied  from  a  num- 
ber slightly  in  excess  of  those  polled  for  the  candidate 
('or  governor  in  the  same  year  down  to  one-thirtieth 
part  thereof,  two  measures  being  actually  carried  by 
less  than  4.500  aftlrmativc  vf)tes,  although  nearly  170.- 
(XX)  were  cast  in  the  election  of  the  governor.  On  ten 
measures  the  number  (»f  votes  i)olled  was  less  than 
one-fifth  of  the  mimber  cist  in  the  election;  on  forty- 
two  measures  it  was  less  than  two-thirds;  and  it  must 
be  remembered  that  only  seventy-five  per  cent,  of  the 
registered  voters  cast  their  ballots  even  for  governor. 
In  this  connection  it  may  be  observed  that  the  vote  is 
almost  always  larger  on  measures  which  have  l>een 


m 


•  One  of  those  rejected  relating  to  the  introduction  of  woman 
sufrra>>,e  was  merely  of  an  :«lviriory  nature. 

131 


^ 


THK   INITIATIM:.   RKIKkl'NDUM    AM)   klXAI.L 

rt'jfctnl  th.ui  «>ti  tiK.sf  which  have  liecu  ar|..|.tn|.  In 
only  two  instaiKcs  ..f  am-ptaiuc.  indeed.  ha>  the  total 
vote  exaeded  tvv<.-thinK  nf  that  east  in  the  election 
for  j,M.vernor:  and  no  constitntinnal  anien«hnent  has 
been  ratified  hy  a  majority  of  the  electorate.  In  cases 
of  rejection.  Ii.»\\f\er.  the  vote  has  nstially  l)cen  close, 
whereas  in  cases  of  adoption  the  inarjjin  h.is  c<»ininonly 
U'cn  toiisiderahic;  so  that  a  small  total  vote  may  have 
signitied  not  otdy  ap.ithy  hnt  in  i>art  also  conlidence 
in  the  rcsnit. 

The  third  <|nestion— whether  the  popular  opinions 
ex|)ressed  hy  the  constitntional  rcferendnni  have  been 
wise  or  nr.t— is  not  a  simple  one.  The  answer  will 
depend  very  nnich  on  the  pre|M)ssessions  of  the  iwrson 

who  makes  it:  hnt  a  snr of  the  fifty-eiKht  jxipnlar 

votes  which  have  takea  ,  ce  in  Massachnsetts  since 
1780  leaves  the  impression  that  almost  all  those  of 
<lonl)tfnl  wisdom  were  either  in  accord  with  the  hest 
thonght  of  the  time  or  were  afterwards  reversed. 

Or  the  fnal  qnestion — whether  the  referendnm  on 
constitntional  matters  in  the  Tnited  Stales  retains  gen- 
eral res j  at  or  not— there  can  be  no  df»nbt :  for  the 
institution  is  as  deeply  rf)oted  in  public  esteem  as  ever, 
and  no  one  would  seriously  propose  its  abolition. 

The  constitntional  referendum,  of  which  I  have 
been  speaking,  was  a  natural  result  of  the  attempt  to 
place  the  fundamental  law  on  a  different  basis  from 
ordinary  legislation.  The  next  development  of  direct 
popular  action  in  lawmaking,  not  very  dififerent  from 

13a 


REI  KKKNDUM  IN  THE  UNITED  STATES 


the  first  ill  priiuiplf  or  in  its  effects,  arose  from  a  prac- 
tic.il  (ktnaiul  f<»r  a  check  ii|m»!i  tin.  legislature  when 
•  lealin^'  with  matters  that  invo'.    •  |Kcnhar  temptations 
or  t!ie  pressure  o|  I.K-al  ot  other  interests.     With  this 
ohject  a  clause  was  inserted  in  the  con>titiitinns  r)f  sev- 
eral states  prnvi.linj,'  ihat  ihe  action  of  the  lej^islatnre 
upon  certain  sjK-citic  snhjects  slonM  n.tt  l»e  vali<l  nnless 
ratified  hy  |M.pulMr  vote.  alth..n.i;h  the  oflu  r  formalities 
of  const itntional  amendment  were  not  re<|nired.     The 
practice  hej^an  aln.ut   the  mid.lle  of  the  last  century, 
and  has  U-en  applied  to  the  selection  of  sites  for  state 
capitals  and  piihlic  estahlishments.  to  the  conlractinj^ 
of  state  dehis.  to  taxation  in  excess  (»f  a  fixed  amount, 
to  the  creation  t,f  hanks,  to  the  eMeiiNion  of  the  suf- 
fra.ne.  and  to  a  few  ..ther  matters.     It  has  U-en  use<l 
mainly,  althon^h  not  exclusively,  hy  the  newer  states, 
and  was  devised  to  meet  difficulties  keenly  fell,  r.ither 
than  as  an  expression  of  any  jfeneral  |H)litical  principle. 
W  hile  it  has  Ihtu  retained  in  those  communities  where 
It  arose,  it  may  he  rej-arded  as  the  prodmt  of  immature 
conditions,   for  it  has  shown  no  marked  tendency  to 
spread  to  other  parts  of  the  country  or  to  expand  over 
new  snhjects. 

In  comiection  with  these  constitutional  provisions 
for  the  reference  of  particular  matters  to  popniar  vote 
we  nnist  six-ak  of  the  attempt  occasionally  made  hy 
legislatures,  in  the  ahsenre  of  any  such  provision,  to 
refer  s.mie  perplexinjr  (piestion  to  the  people.  The 
procetlure  mij.;ht  i)erliai)s  have  hecome  common  had  it 
n.<t  hceii  ehecked  by  the  conrts.  wiiich  have  held  that 

IJ3 


NIK   IMTIATIVK,    Kl.l  r.Rl.NI>rM    AND    RFtAI.I. 


1)  - 


willtoiit  «iinNfilnli..n.'i!  niithnrify  :\  hx'\^hilmv  ontHtot 
<ti\f>l  ilM'If  <if  ii'>|Miif.iliiIily  fur  U')>i^l:ilii»ii  liy  Nliillitiji; 
if  iin  III  ilii-  xlionldiTs  t.|  \\w  iltti..rs.  It  can.  of  »<iiiim\ 
mnsiilt  liu'Mi  \i\  im'aii"«  of  an  iiifnnnal  \«tt»'.  a«nl  litis  is 
soUH-liim's  il.iiir;  liiit  il  <aiiMnt  makt*  tliaf  vnti-  i|«risi\r 
ii|MHi  till-  nia.  tmi'iit  nf  a  stahitr  .\..  smli  ..hstarle 
w'liltl.  .if  ». miM',  arin-  in  llir  ca^'  of  tin-  Hiiii-.h  I'ar- 
liatnrnr 

Tin  tliinl  ami  must  mnipn  lien'^ivt*  mnM-nu-nl  for 
a  rrf»rtiiiliini  is  \tty  riTi-ni,  It  taki's  ilu-  f.am  of  a 
Uvnvral  provision  in  ili,.  ronstitntioiis  that,  upon  the 
petition  of  .1  «ni,iiii  tiiinilKT  of  titi/t-ns,  any  law.  not 
<liTl;ir»'.I  mtjiiit  li\  tin-  h  yi^l.ilnrt'.  shall  i  <•  snl.niitlcMl 
to  popiii.u  otr,  I  iiliki  ihf  two  earlier  ph.ises  which 
Were  native  in  -liiiin,  uf'^^ii'M  ""•  "^  pnrely  indij^'entuis 
ifle.'is  ami  t  ondittwns.  this  la^  i>  .1  eonseimts  iniit.ttion 
o|  Swiss  inslilnlio!!-. ,  uiil  il  h.ts  nsnally  heen  if'n|)le<l 
with  the  S\  i>is  initi.itixe.  whenhy  .1  (i\e<|  ininiher  of 
riti/ens  e.m  |>ropose  .1  law  .ami  re(|nire  .1  |Mipular  \oto 
thereon,  'jhe  nio\einent  lia^  h.i<l  .1  stroni,f|y  theoreti- 
(.il  tin.t;e.  an<l  has  U'en  pushed  by  associations  fornted 
to  advocate  it  on  abstract  principles.  Xevertheless.  the 
real  force  that  has  j^iven  it  inotnentnni  with  the  pnhlic 
.and  Won  its  victory  in  ;i  nntnher  of  states  has  laen 
not  so  much  faith  in  a  deniocr.it ic  creed  .is  a  dissatis- 
faction with  the  existinj,'  lei^isl.itnres,  a  conviction  that 
they  .ire  loo  I.uj^H'ly  under  the  control  of  party  ma- 
chines .allied  with  moneyed  !•"' -rests. 

The  referendum  in  this  tj.  ,.eral  fortn  was  adopted 
first  In  Soiilli  Dakota  in  i8i>8,  nih'i  in  the  do/cii  )ears 

l.U 


I 


Kl'MKF.\r)rM    IX   TIM-.   I  NIIIJ)   STATKS 

that  liavc  jiasscMl  siiuf  that  «latf  l>y  rtali.  Orc^jon.  NV- 
vaila,  Mont.nia,  Okhihntna.  Maiiu-.  MisMMui.  .\ri/i»na. 
Arkansas,  (ulurail't  an<l  N'l-w  Mcsiot — twfhc  statrK 
nxisi  lit  wliitti  lit-  ill  tlif  lu-wiT  ami  Itss  |Mi|»nluiiH  |KirtH 

•  >f  Ihc  rimiitry  aii<l  lii\f  liiiiiinl  the  sessions  of  tltiir 
Irj^i  slain  res  t«'  vrrv  l»rii-f  |K'ii<Mls.  As  yet  it  is  i<n>  i-arly 
\i>  say  what  ihr  tlhri  of  tht-  iiisiitntiot)  ,.il|  U'.  A  nen- 
t-r.-iiioii  mnsi  ],.{<->  |.»|"..n-  ih.ii  tan  Ik-  <|i-tiTmim'i| ;  hut 
tin-  use  that  has  ariually  U-en  iiia<li-  of  tin-  itinera!  ref- 
ftiihim  ill  ihf  hw  years  ihirim:  which  it  lia  heiii  in 
o|K,Malioii  is  not  ihf  less  inteiistinj^j. 

\hhn1i14h  ihreil  !•  •,   ilai   lij^islation  was  rsiah!i>hr.! 
in  S(»nth  hakola  a  do/iii  ytats  ayo.  it  wa  '  lirst, 

and  has  iK't-n  tiscij   far  more   fneiy,  in  <  )rej^'o,i.      No 

•  •thiT  state.  fniJiTil.  made  any  nsf  of  it  nntil  K^oS;  and 
in  OrejLjf.n  tlu-  |Mr|.nlar  votts  midt-r  tin-  ntw  provisions 
have  l)een  three  limes  as  tnimcrons  as  those  in  all  the 
other  statis  eotnhined.  l!nt  ii,  makinj;  this  statement 
it  is  neeessary  to  diserimiiiatc  U-tween  tin-  ilifTerent 
kinds  of  direct  lej,dslation.  In  Switzerland  the  initia- 
tive has  iH-en  used  little,  and  rarely  with  sneeess;  and. 
save  in  ()rej,'<.n.  that  has  Ikh  11  the  casf  in  tlie  Ameriian 
states.  As  vet  they  have  put  it  in  (>iK'ration  only  half 
a  di»zcn  times;  and  the  measures  pro|M.sed  have  always 
heen  rejerted.  I'.nt  in  Ore^'H  it  has  k'en  used  in  the 
last  ei^ht  years  for  no  less  than  forty-eij^ht  measures, 
itu!ndin<.r  constitutional  auKiidniunts;  and  twentv-five 
of  them  have  hern  adopted.  The  referendum,  on  the 
other  hand,  has  I.ci-n  hitlu-rto  less  of  .m  Orej^jonian 
monopoly.      Iliat   state  has  rt-ferred  to  popular  vote. 

US 


TIIH    INITIATIVF.    kl.lT.KKXDLM    AND   RECALL 


ll 


either  by  petitiuii  nr  \,y  tlit"  action  ,.f  the  legislature 
itself  ill  aecnnlame  with  a  power  conTerred  upon  it, 
nine  statutes,  whereof  four  have  heen  ratified  and  five 
rejected;  while  in  the  ..ther  states  thirteen  acts  have 
l)een  so  referred,  uf  which  four  have  heen  ratified 
and  nine  rejected. 

With  the  enormuus  mass  of  lej^^islation  in  America 
one  feels  impelled  to  ask  to  what  lenj,'-ths  direct  legisla- 
tion will  ultimately  grow,  and  whether  a  people  that 
has  any  other  occupation  in  life  will  be  able  to  carrv 
it  on  intelligently.     More  than  half  of  these  popula'r 
votes  occurred  last  autumn,  with  the  result  that  in  Ore- 
gon the  people  voted  uix.n  thirty-two  different  mcas- 
m-es.  besides  voting  on  candidates  for  oftlce ;  and  in 
South  Dakota,   where  the  measures,  although  less  in 
number,  were  printed  in  full,  the  ballot  was  six  feet 
long  in  small  type.     Perhaps  for  tiiis  reason  the  people, 
except  in  Oregon,  rejected  almost  everything  presented 
to  them.     In  Oregon,  however,  to  their  credit  be  it 
said,  they  were  discriminating,  accepting  nine  and  re- 
jecting twenty-three  of  the  measures  submitted.    The.se 
ranged  over  the  whole  ground  of  legislation — li(|U(jr 
laws,   taxation,  employers'   liability,   woman  suffrage, 
state  railroads,  good  roads,  nominations  for  office.  i)ro- 
portional  representation,  reform  of  juries  and  judicial 
procedure,    fi.shing   in   Rogue   River,  the   salary   of  a 
judge,  eight  separate  bills  for  creating  as  many  new 
counties,  and  siuulry  other  matters— a  programme  that 
might  overtax  Parliament  for  a  decade.     The  average 
vote  on  all  these  measures  was  nearly  three-quarters 

136 


REFERENDUM  IN  THE  UNITED  STATES 


of  that  cast  for  governor  at  the  same  time  Equity, 
the  periodical  devoted  to  the  cause  of  direct  legislation, 
asks :  "  Now  do  you  not  think  that  Oregon,  with  her 
thirty-two  measures,  stands  vindicated  ?  "  Truly  the 
citizens  of  Oregon  are  a  remarkable  people,  and  the 
institution  they  have  brought  forth  is  an  infant  Hercu- 
les; but  whether  or  not  he  has  shown  wisdom  in  his 
cradle,  and  whether  his  presence  has  had  a  salutary 
influence  upon  the  state  economy,  are  questions  on 
which  the  doctors  disagree. 

An  effort  is  now  being  made  to  extend  direct  leg- 
islation to  national  affairs.  This  has  not  hitherto  been 
done  even  in  the  case  of  anicndnients  to  the  federal 
constitution,  because  that  instrument  was  originally 
framed  by  delegates  from  the  several  states,  was 
adopted  by  the  states,  and  provided  for  the  ratification 
of  amendments  by  three-quarters  of  the  states.  What- 
ever theory  may  be  held  of  the  national  sovereignty, 
there  can  be  no  doubt  that  historically  the  federal  con- 
stitution was  based  upon  the  assent  of  the  states ;  and 
the  practice  has  never  been  changed.  This  can  readily 
be  understood  if  one  considers  the  improbability  that 
any  plan  for  a  closer  federation  of  the  British  Empire 
or  any  future  modification  thereof,  would  be  submitted 
for  ratification  to  a  popular  majority  of  the  Empire  as 
a  whole,  without  regard  to  the  opinion  of  the  com- 
ponent parts.  Before  a  referendum,  either  on  consti- 
tutional amendments  or  on  ordinary  legislation,  can  be 
applied  to  national  questions  in  the  United  States,  the 
principle  must  make  a  great  advance  in  public  favor. 
10  137 


THE  INITIATIVE.   REFERENDUM   AND   RECALL 

Much  has  f3een  said  in  England  aI,ont  the  expense' 
of  a  referend.nn:  but  on  this  point  American  exi^eri- 
encc  ,s  of  httle  vah.e.  both  because  the  total  cost  of 
a  poll  differs  i,i  different  countries,  and  because  in  the 
I  n.ted   States  a   referendum   is   habitually  combined 
^v.th  an  election  of  public  officers.     American  elections 
."■e  periodic,  pnblic  officers  of  some  kind  being  chosen 
liroughout  a  state  as  a  rule  every  year;  and  the  popu- 
ar  vote  upon  a  legislative  measure  is  usually  taken  at 
the  same  time.    In  such  a  case  the  expense  of  the  ref- 
erendum ,s  merely  that  which  is  entailed  by  bringing 
the  matter  before  the  people :  but  this  varies  greatly 

As  to  the  bearing  of  American  experience  of  the 
referendum  upon  the  .solution  of  H.iglish  problems  it 
|s  difficult  to  speak.    There  is  in  England  no  sharp  dis- 
inction  between  constittitionai  and  other  measures,  and 
iH-nce  no  clearly  defined  class  of  laws  which  woul.l  be 
regularly  submitted  to  ,)opnlar  vote;  an<l  yet  it  is  on 
his  conchtion  that  the  results  of  the  American  consti- 
tutional referendum   are  ba.sed.      Those  results  have 
already  been  described,  while  the  optional  or  occasional 
referendum  on  ordinary  laws  has  not  endured  long 
enough  in  America  to  justify  any  conclusive  verdict^ 
even  if  such  a  verdict  would  be  decisive  in  England 
Tlie  importance  of  a  referendum  there  must  <iepend 
chiefly  on  Its  indirect  effects,  its  influence  npon  the 
■esponsibihty  of  the  cabinet,  upon  the  relation  l.f  nnii- 
'sters  to  the  majority  in  the  Flouse  of  Commons,  upon 

the  stability  of  the  party  system:  in  short,  upon  the 
whole  structure  of  English  parliamentary  government. 

138 


CHAPTER  VI 


RIRECT  LEGISLATION  AS  AN  ALLY  OF  REPRESENTATIVE 
GOVERNMENT  ' 

Our  fathers  founded  this  g^overnment  in  order  to 
secure  fr>r  the  i>eople— all  the  people— the  blessinjrg 
of  life,  liberty  and  happiness.  They  devised  institu- 
tions and  machinery  to  that  end. 

To-day,  after  the  lapse  of  a  century  and  a  quarter, 
combinations  of  power  have  grown  up  under  these 
institutions  in  the  face  of  which,  f.>r  multitudes  of 
our  population,  life  is  precarious,  liberty  practically 
despaired  of,  and  happiness,  except  of  a  kind  enjoyed 
by  the  Roman  proletariat  or  the  plantation  slave,  un- 
known. We  know  that  no  one  would  be  more  impatient 
of  such  rnditions  than  our  revolutionary  forefathers, 
and  more  resolute  in  seeking  a  remedy.    Honor 

to  tl.  •  lemory  requires  us  to  scrutinize  their  work, 
and  t.  ..^dernize  it  if  necessary,  just  as  they  modern- 
ized their  inherited  institutions. 


.u     .?^  Professor  Lewis  Jerome  Johnson,  based  upon  an  article  in 
the  New  England  Magazine,  J„n<.,  i«)oq,  and  the  Chirago  Public  of 
July  30,1909.  and  later  reprinted  by  the  Massachusetts  Direct  Le»j. 
islation  League. 


139 


If 


y 


'I    q 


THE   IXtTIATUE,   REFERK.vdum   AND  RECALL 

AccnrdinKlj-  wo  ,„r„  (Irst  In  ,|,e  spirit  .-,,,,1  |,„r,K,ses 
"n-lerl3„,K  ™r  ,„  ,i„„io„s.  W,  f„„|  „„„,.',„  [^ 
use.  oven  aflcr  nil  ,l,is  ,i,„c.     Uc  cnn  s.L-s     ,o 

..r«l  «,, ,  „  „„,  c„,l,„.si..,.„„  by  „,e  i.|eals  „,„■„«  I 
'>>■  ..ur  f„,l,ers  i„  f„„„,li„j,  M.  rcpithlio.  the  i,W    1. 

Uv  turn  next  t„  tlu-  ,iet.-,ils  „f  their  g„vcr„„H.„,al 
■"nchn.ery.  UMc  i.,  Icf,  „f  their  in.h.strial  ,"  "d 
a.ul  ,,,s.„,„,,.„s.  a„.l  perhaps  their  ,.,htica,  ,..;";" tt 
a  0  o„t  „f  ,|a,e.  If  „,ey  are.  |.«sihly  i,  is  „„(  ,„o  ,„e 
s,,pp,e,„e,„  the,,,  „r  replace  the,,,  with  ,,etter.  he 
e«  ^la.,ve  ,„a.„„ery  „„,lerhes  ah  el.,e.  We  observe 
mt  o„r  ,a„,„al<„„,  is  e„tr„s.e,:  to  representative  bo ,! 

east      ,,r,  '"71"'  "'  ""■"■  '^'"''^-^   '^^  """»"•••">■  at 
east,  under  pubhc  control,  but   the  output    (except 

:.n>e"<lments  to  state  constitutions,  is  „o    e^en  Z 

e  f ;:  u„'"""r  -""""  '•■^^■^■'"  -  -^"  »■•• ""  Z 

l.^es.  When  we  consider  the  extent  to  which  such 
pressure  ,s  exerted  to-.lnv  l„.  n  , 

,,_, ,  ,        ""  '""•^'  ''>  'lie  preedv  a„<l  higblv 

^TK.Mu.ed  few,  rather  than  bv  the  „,erelv  u„,„fa|W 
.".erested  a,,,,  „n„r«,,„i,,,|  „,,,,;„.  ,,,  u,,is  i,'"  ™^^ 
wlncl,  „,ay  have  ...en  safe  ouce  co„,es  to  look  ded^di; 

Fnrll,er  renecti,,,,  convinces  „s  that  (his  lack-  of 
ade„ua  e  ,«,p„lar  control  of  results  is  uot  only  a  «ec 

■call,  the  first  step  ,n  the  modernisation  of  our  poli.l 

140 


ALLY  OF   REPKESEN'TATIVE   GOVERNMENT 


cal  machinery.  This  done,  improved  Icj^islatioii  is  as- 
sured as  fast  as  the  majority  can  aj;rce  uix)n  it.  This 
done,  all  unnecessary  and  undesirable  obstacles  to  prog- 
ress V  ill  have  been  minimized.  Until  this  is  done,  we 
have  little  reason  to  hope  for  permanently  Ixtter  con- 
ditions, e.xcept  at  an  utterly  unreast)nable  cost  in  effort 
and  delay.  The  imiKjrtance  of  concentrating  attention 
upon  this  issue  is  manifest. 

The  ne.xt  question  is.  how  shall  the  public  get 
ade(|uate  control  of  results?  The  answer  is,  we  must 
assert  our  natural  right  to  revise  the  work  of  our  rep- 
resentatives. We  must  do  this  revising  ourselves. 
There  is  no  one  el.se  to  do  it.  To  do  it  we  must  sup- 
plement the  existing  legislative  machinery  with  a  work- 
able, orderly,  and  properly  guarded  contrivance  to  en- 
able us  to  enact  laws,  to  veto  them,  to  amend  them  or 
io  repeal  them  by  direct  ptjpiilar  vote  over  the  head  of 
legislatures  and  city  councils,  in  the  instances  when 
these  bodies  fail  to  meet  the  public  will.  In  other 
words,  we  must  considerably  extend  the  practice  of 
direct  legislation  by  the  people,  already  familiat  to  us 
in  the  Xew  England  town  meeting,  and  in  the  popular 
ratification  of  amendments  to  state  constitutions. 

I''ortunately  the  way  to  do  this  has  been  devised 
and  tested  and  has  met  expectations  on  a  city-wide  and 
stnfc-wide  .scale.  It  involves  two  devices  developed 
in  the  last  few  decades,  the  initiative  and  the  referen- 
dum, now  included  under  the  single  term  direct  legis- 
lation. 

The  initiative  enables  the  people  to  en.'  desirable 

141 


-y^,, 


mtm 


THE  INITIATIVE.   REFERENDUM   AND   RECALL 

measures  by  direct  popular  vote,  when  such  measures 
have  Ihtii  or  are  likely  to  be  ignored,  pigeon-holed, 
amended  nut  of  shape,  or  defeated  by  the  legislature. 
Measures  p.-^sed  in  this  way  may  be  entirely  new  laws, 
or  they  ma>.  of  course,  amend  or  rejK'al  existing  laws. 
The  referendum  enables  the  jKople,  by  direct  popu- 
lar vote,  to  veto  recent  enactments  of  their  representa- 
tives. 

The  initiative  corrects  sins  of  omission. 

The  referendum  corrects  sins  of  commission. 

The  initiative  is  .set  in  oi)eration  by  volunteer 
groups  of  citizens— civic.  laUjr.  or  mercantile  organi- 
zations—who draw  up  laws  which  they  think  good  for 
themselves,  or  the  public,  or  perhaps  both.  If  they  can 
get  a  certain  moderate  i)ercentage '  of  the  voters  of 
the  city  or  state  to  sign  the  rc(|nisite  iwtition  the  meas- 
ure goes  to  the  council  or  legislature,  and  if  this  body 
refuses  to  adopt  it  within  a  specified  time  without 
amendment,  the  measure  must  be  transmitted  un- 
changed to  the  people  for  their  decision.  If  the  leg- 
islative body  thinks  it  can  produce  a  better  enactment 
to  the  same  efifect.  it  may  draw  it  up  and  send  it  to 
the  people,  with  the  other,  as  a  competing  measure. 
The  voters  then  choose  bctweeti  them,  or  reject  both. 
In  some  jurisdictions,  notably  Oregon,  initiative  meas- 

•Thc  number  of  signatures  required  in  these  petitions  ranges,  in 
different  states  from  five  to  eight  per  cent,  of  the  voters  for  initia- 
tive petitions  for  ordinary  laws;  from  eight  to  fifteen  per  cent,  for 
initiative  petitions  for  constitutional  amendments;  and  from  five 
to  fen  per  cent,  for  referendum  petitions.  The  usual  percentages 
are  eight  for  initiative,  and  five  for  referendum  petitions. 


:,-:S533tfMW-'t~" 


ALLY  OF  REPRESENTATIVE  GOVERNMENT 


iires  go  directly  to  the  people  without  previous  sub- 
mission to  the  legislature.  Other  nioditkations  in  de- 
tail may  be  exi)ected  as  time  goes  on. 

The  referendum,  likewise  upon  petition,  brings 
newly  passed  legislation  to  ♦he  popular  tribunal  for 
veto  or  confirmation. 

The  need  of  interference  with  the  work  of  the  rep- 
resentatives is  greatly  reduced  by  the  mere  existence 
of  the  system,  and  the  numl)er  of  laws  actually  coming 
to  p<ipular  vote  is  a  small  fraction  of  the  whole. 

Direct  legislation  is  likely  to  result,  l)efore  being 
long  in  oi)eration,  in  the  establishment  of  the  recall, 
wliicli  is  the  proi)erly  guarded  power  of  removal  of 
unsatisfactory  otlficeholders  before  the  expiration  of 
their  terms.  Thus  the  i^eople  gain  the  power  of  re- 
moval, the  logical  supplement  to  their  already  exist- 
ing i)Ower  of  election. 

The  recall,  though  obviously  a  device  indispensable 
for  popular  control  and  usually,  in  city  charters,  es- 
tablished simultaneously  with  direct  legislation,  will 
not  be  discussed  further  here.  It  should  be  looked 
upon  as  one  of  the  numerous  desirable  but  subordinate 
measures,  like  preferential  voting,  direct  nominations, 
and  the  short  ballot,  which  may  .«afely  be  left  to  be 
gained  by  subsequent  enactment  in  the  larger  jurisdic- 
tions like  our  states.  This  is  strikingly  true  in  Massa- 
chusetts where  the  recall  has  been  suggested,  if  not 
actually  authorized  by  the  constitution  since  its  adop- 
tion in  1780,  as  will  be  seen  from  article  VIII  of  that 
constitution,  and  could,  possibly,  unlike  the  initiative 

141 


THE   IXITIATIVE.    KKI'EKKNDUM    AND   RECALL 


and  referendum,  fie  made  operative  \\itli<»ut  runstitu- 
tional  ainendnieiit. 

The  initiative  and  referendum,  as  now  advocated, 
carry  with  them,  of  course,  adc(|uate  and  >ysteinatic 
means,  iiuUpendenl  of  the  newspajHTs,  of  furnishing 
each  voter  the  full  text  of  the  measures  to  Ik*  voted  on; 
the  condensed  form  in  which  they  will  he  printed  on 
the  hallot ;  statement  of  the  reasons  for  and  against 
each  measure;  and  the  names  of  those  hehind  each 
profiosition. 

In  Oregon,  the  secretary  of  state  edits  this  informa- 
tion and  mails  it  in  |,amphlet  form  to  each  voter  in  the 
state  fifty-five  days  l)cfore  election.     At  least   eight 
weeks  have  elapsed  hy  tiiat  time  since  the  circulation 
and  filing  of  the  i)etitions.     This  is  found  to  afford 
ample  time  for  deliberation  and  discussion,  and  the 
pam|)hlet    provides  an   adequate   basis    for  decisions. 
Those  who  wish  to  insert  arguments  in  this  pamphlet 
pay  the  cost  of  paper  and  printing — some  eighty  dol- 
lars per  page — and  the  state  bears  the  rest  of  the  cost 
of  the  pamphlet  and  its  distribution.    In  initiative  cases, 
supporting  arguments  are  accepted  from  none  but  duly 
accredited  representatives  of  the  friends  of  the  meas- 
ure; any  one  who  will  pay  the  cost,  however,  may  in- 
sert arguments  against  such  a  measure.    In  referendum 
cases  arguments  upon  either  side  may  be  inserted  by 
any  one  willing  to  pay  the  cost.     In  the  election  of 
June.    1910,    when    thirty-two   measures    were   acted 
upon  by  the  electorate,  the  state  pamphlet  was  a  d(KU- 
ment  of  two  hundred  octavo  pages.     Oregon  voters 

144 


ALLY  OF   RKPRKSENTATIVE  GOVERNMENT 


protect  themselves  still  further  from  false  or  mislead- 
inj,'  campaij^n  literature  In  a  provision  of  their  admir- 
able Corrupt  Practices  Act — a  comprehensive  measure 
based  on  ICn^lish  practice,  which  came  from  the  peo- 
ple by  the  initiative — which  prescribes  a  heavy  |K'nalty 
for  circulating  p  )litical  literature  without  the  names  of 
its  authors  and  publishers. 

In  Oklahoma,  there  is  a  state  pamphlet  for  inform- 
ing voters  as  in  Oregon,  but  with  some  interesting  dif- 
ferences in  detail.  In  Oklahoma,  as  is  proposed  in 
Massachusetts,  initiative  measures  go  first  to  the  legis- 
lature. Hence  all  popular  voting  is  upon  measures 
which  have  had  recent  legislative  action.  A  joint  com- 
mittee of  house  and  senate  is  therefore  naturally  called 
upon  to  prepare  the  arguments  supporting  the  legisla- 
ture's position.  The  opposing  argument  is  drawn  up 
by  a  committee  representing  the  petitioners.  The  ar- 
guments for  each  side  of  each  measure  is  restricted 
by  the  Oklahoma  law  to  two  thousand  words,  one- 
fourth  of  which  may  be  in  answer  to  opponents'  argu- 
ments. The  direct  argument  on  each  side  is  prepared 
and  submitted  to  the  secretary  of  state,  who  transmits 
it  to  the  opposing  side  to  serve  as  the  basis  for  the 
rebuttal  just  mentionetf  and  thus  complete  the  argu- 
ment. These  arguments  on  all  the  questions  are  then 
assembled  in  the  state  pamphlet  and  distributed  to  all 
the  voters  of  the  state  a  suitable  number  of  weeks 
before  the  election.  The  cost  of  printing  and  distri- 
bution is  borne  by  the  public  treasury.  The  Oklahoma 
plan  has  some  striking  merits.     It  requires  the  Icgisla- 

145 


%. 


THE   INmATIVK.    KKIKKKNDLM    AXD   RKl  ALL 


N 


U   ' 


U    I 


m 


i 


tiire  to  state  tlir  rfaH«»u  for  thf  action  whi'h  it  has 
taken.  I)«)iil)tli>s  this  reason  is  often  j^oo«|  and  Mifti- 
eient,  hnt  iKThaps  more  rertainly  so  when  tlie  law- 
makers know  in  advance  that  they  may  have  to  de- 
fend their  position.  The  Icf^islatiire's  views  on  the 
measnrc  shonhl  Ik*  of  jjreat  vahie  to  the  voters. 

More  iniiK)rtant  still,  it  ensures  the  presentation 
of  a  nejjative  arj^nmcnt.  l*'.\|K'rieiice  in  Oregon  has 
already  shown  that  a  negative  arRument  is  not  always 
forthcominjif  when  left  to  Ik;  siip[)lied  hy  volunteers. 
A  campaij^n  of  silence  is  sometimes  wisely  preferrcfl 
hy  interests  at  whom  an  initiative  measure  is  aimed 
to  the  revelation  of  weakness  which  would  result  from 
a  formal  attempt  at  defence.  They  well  ktiow  that 
voters  are  likely,  from  sheer  force  of  hahit.  thought- 
lessly to  concede  more  in  the  defence  of  a  lonj^-estah- 
lished  wronjT  than  its  l)cneficiarics  would  dare  claim 
for  it.  The  Oklahoma  plan  of  informing  voters  re- 
f|uires  each  si«lc  to  show  its  hand.  Hluftinj^  is  elimi- 
nated. Privilege  has  to  come  out  in  the  n\wu  and  state 
such  case  as  it  has.  Silent  contempt  is  not  i)ermitted 
to  do  duty  as  argument.  Both  the  Oregon  and  the 
Oklahoma  systems  of  disseminating  information  do 
much  to  forestall  the  misleading  of  Noters  through  the 
newspaiKfrs.  Some  expense  is  involved,  hut  this  i)oiiit 
is  not  apt  to  he  pressed  except  hy  those  opposed  to  the 
whole  system  on  other  grounds.  The  hody  of  voters 
well  understand  that  one  had  law  or  one  carelessly 
granted  franchise  may  cost  the  puhlic  in  actual  dollars 
anrl  cents  many  times  th.c  cost  of  the  state  pamplilet. 

146 


m 


ALLY  OF  kKPRKSKNTATIVK  (.OVERNMENT 


'j.^' 


Siipplrnifti!c«l  l>y  the  initiative  ami  referendum,  tt» 
serve  as  a  |Krniam'iit  lKukj^r«»un«l  an<l  i<<r  application 
when  called  for,  the  representative  system  will  Rradn- 
ally  but  surely  enter  u|M)n  a  jxrriod  nf  honor  and  use- 
fulness hitherto  never  surjwssed  and  prolably  never  r\ 
c'cpialed.  Relieved  of  the  utuiatural  excess  of  |X)Wct 
under  which  they  now  staj^jjer  and  sotnetitnes  fall,  le^iH- 
lative  Inxlies  will  cease  to  Ik?  attractive  objects  for  brib- 
ery an<l  secret  influence.  Lof^-rollin^  will  j^reatly  dim- 
inish. The  iK)wer  of  lx)sses  and  rin^s  will  l)C  under- 
mined Seats  in  the  legislatures  will  then  iK-jjin  to  Ik* 
unattractive  to  jjrafters.  .\t  the  same  time  they  will 
become  more  attractive  to  hij^h-minded,  public-spirited 
citizens.  There  will  Ik-  a  fairer  chance  that  a  man 
clean  when  elected  will  stay  clean.  It  will  make  it  safe 
to  reduce  the  si/e  of  legislatures  and  to  diminish 
tjreatly  the  number  of  elective  officers.  The  party  ma- 
chines and  bosses  f)nce  |K"rmanently  out  of  control,  we 
may  reach  the  pouit  of  comiKting  successfully  with  the 
corporations  in  attracting  the  best  young  talent  to  the 
public  service. 

With  direct  legislation  in  vogue,  it  is  not  necessary 
to  retire  a  faithful  legislator  to  e.xpress  disnj  nroval 
of  some  of  his  measures.  The  electorate,  while  re- 
turning the  man  to  office,  can  overrule  the  measures 
with  no  more  reflection  (  "lis  honor  or  usefulness 
than  is  involved  in  the  overruling  of  a  lower  court  by 
a  higher.  Honest  and  able  representatives  are  hence 
likely  to  be  re|)eatedly  reelected.  Long  tenure  is  as 
vahwblt'  to  public  as  to  private  business.     Where  the 

147 


/  » 


y 


THE   INITIATIVE.    Kl  FERKNOL'M    AND   RK<  Af  1. 

|te"plc  have  \kvu  in  contr'  !  jtin  tiVHiKb  f<  r  this  result 
ii»  »h'»\s.  a>  in  Suit/crl.uMl  ami  m  tlu'  Ntvv  MriL;lan<l 
tiiwtis.  thry  are  sci'ti  {>>  ait  ufxtn  thi'*  prifuipk-.  In 
S\\  ilzcrlaml  it  is  tari*  that  a  nrw  im  iiiUr  ip|»cars  in 
a  l«'Ki««lati\i'  ImmIv  cmt|»i  to  I'M  -  .u.t'uy  «hi«-  t«!  <i«ath 
(»r  v*thuitary  rftirt'rncnt.  In  Nt- v  .  nylaii't  t<t\\in  it 
is  coniinoti  for  faiihfnl  «)rtici."  «  u>  l,<  >  taiovil  in  oIVkt 
practical))  for  life,  their  anni  •!  i'«  cct  '»ns  U'injf  fre- 
«|iiently  nnc«>ntcste<l.  W  itii  ;•  «if  i  i  k"  ],  ■^i>latiire 
thus  rol>l)c«|  of  its  charms  for  a'l  Init  <  ic  f»ul»li.  -■-pn  it«<l, 
ami  wMn  reelect  ion  practically  aH"<ii  •  >I  to  rmi,  of 
provcfl  merit,  real  legislative  exf>eit-  in  yHn\  unmbcr 
iiia\  jiradnall)  Ik  <levclo|>€tl,  and  may  \i<i.l  ^-"od 
M-rx  ice. 

In  view  of  snch  untested  possibilities,  ii  is  la'>ide 
the  mark  to  wonder  whether  rei»resentafi\e  govern- 
ment is  a  failure,  We  l)eRii  to  realize  jjiat  ii  has  not 
yet  been  fairly  tried,  at  least  !K»t  in  recent  ye  -  We 
realize  that  (»iir  lej;islator>  have  hcen  workinj;  ittder 
almost  intolerable  cotulitions.  They  ha\e  l>eei:  con 
timially  cx(n)sed  to  temptations  that  no  ordinarv  man 
onj^ht  to  Ix*  asked  to  face,  and  it  is  a  tribute  '^  human 
nature  tli.it  sr  >umy  of  our  iejjislatoi  s  havt  ^lived 
'^trai^ht  With  the  initiative  an<I  refcendutii  in  force 
le.i;islator-  will  have  all  the  jiower  that  is  ever  ac- 
mrded  to  representatives  and  aj^ent>  m  husiness, 
uhicii  is  all  that  is  wholesome  or  attractive  to  worthy 
citizens  of  a  democratic  republic  Phat  final  cnartinjj 
I)ower  is  far  from  essential  to  the  dignify  of  a  legisla- 
tive lx>dy  is  shown  by  the  un-.vcrsal  rc-[K.ct  in  w'-  h 

148 


mm 


AU.V  <  tF   MFF'KESFN'TaT1\  F:  «;oVKitKMFVT 
our  AmcrUai     on  tuut  utwl  cutivfmi  ns  lave  ahvayi 

Whir  a  ufTicieii.  •  f  p^  w -r  h  thii  lef;  with  tlu- 
rcprcM'Utatiwv..  a  -  .uiar,  tv  ease  >f  ri-^i  >«>fiil»ili«v 
ij,  tluuwu  in»«m  tht  \"Wr.  l\  l»rit  i;»  li-m.  I"  •«»<;  }>ur- 
jM»stf,  into  closi  I  Unuh  with  rrr;  t  affair*,  tnaMrs 

hill  J  tc»  \nH  fitr  nwasun-  iTKii    fr«'«"  m*^  »'»«1  ^<''  m^'H 
ai*arf    frd'     nvn  mes.         e  t  >r»   Jjeirin  -uine  tlie 

hlaUir'    of  a  niu...   tt>  <•«•«    mr 
well  ..     Mi  fan  V      It  wi)'  ctia 

lK*si«lts  tiu 

it.    Sj  >f 


rci^"  in  fact  as 
■'U  -clllt*  M.ine- 
i\  I  C)' 

,vl 

(         >»r  w 

erclv  t«>  iinX 

ihev  were  fxiwctcd  lo  be 

'ijmsitcs  wliicli  rarely  rep- 

^hcst  way,  t!ie  views  uf  any 


iVice- 
fac- 

i.iw 

I  on. 


tiling'  ,  '  in  .  iicti 
Imltlers,  \\lii''i  n 
tion  Khali  <l! 

(iuly  too       'i  ti..it  ?'  attori 
not    <)  ri       <»n 

ijsev  vetl,  piaffo  ins  ar. 
rt-scni  \cepi  ii  tht  r. 
one  tl    ai^ii      ii      'fer. 

I'lc  nc\       i4;   p 

spiruis?,     ^  relate 

legi^tatiuu  in  the 

•Irnttmgot  'ills  run  ;,ianifesny  never  fall  as  a  hurihn 

ma^^     f  the  '  uters      i-or  this  service  the  coni- 

an     Uvays  ^iinmand  aljility  as  wise,  as  tlisin 

v-ic     .nd       jiractired  in  legislation  as  an>  who  now 

t.  i  sp-h  A.jrk.      rijc  average  voter's  par^    ;:  the  work 

is  ikl  fieratio' .     !Scns«ion  and  the  registry  of  his  de- 

nmn.     I  his  is         le     task  for  him ;  the  only  novelty 

is  in  having  a  cliancf  to  do  it  intelligently,  and  to  sef 

h:    decision  go  into  effect. 

149 


(1  for  the  voter,  tnongh  in- 

j;le       It  ilitTers  wiilely   from 

rv  si     e.    The  originating  and 


:4'-^  fL 


T^ 


'ttirii 


THE   IN'ITIATIVR.    RF.FEREXDUM    AND   RECALL 


'llie  voter.  ^oiiiR^  into  the  liooth.  lias  known  for 
months  just  what  is  coming  up  and  in  just  what  form 
it  is  cominp  up.  There  is  no  tliought  of  possihle 
amen(hnent.  With  regard  to  each  measure  he  has  sim- 
ply to  approve  or  reject.  He  has  had  plenty  of  time 
t(t  make  up  his  mind.  If  a  measure  is  ohjectionahle 
in  purpose  <>r  form,  or  is  lackinjj  in  clearness,  he  will 
of  course  reject  it  and  await — or  cause — its  reappear- 
ance in  a  m(»re  acceptahle  form  at  a  suhsequent  elec- 
tion. The  \oter  is  thus  more  like  a  juror  than  like  a 
lej,Mslator.  His  capacity  for  intelliji^ent.  discriminatinij 
work  at  a  single  election  is  therefore  large — much 
larger,  as  experience  shows,  than  at  first  thought  might 
seem  possihle. 

In  1909.  for  example,  the  voters  of  Portland,  Ore- 
gon, in  a  city  election,  hesides  voting  for  mayor  and 
other  officers,  voted  discriminatingly  and  with  sus- 
tained interest  on  thirty-five  measures,  thirteen  of 
which  they  passed.  The  average  vote  on  each  of  the 
thirty-five  measures  was  slightly  over  eighty-one  per 
cent,  of  the  total  vote  for  mayor,  with  a  range  from 
seventy-five  per  cent,  to  ninety  per  cent.  The  majori- 
ties, hoth  yes  and  no.  were  sometimes  heavy,  some- 
times light.  There  is  every  evidence  that  the  voting 
in  each  case  reflected  the  calin  judgment  of  the  voters. 
In  Denver,  in  the  election  of  May.  1910.  the  voters, 
hesides  electing  city  officers,  dealt  discriminatingly 
with  a  list  of  twenty-one  measures,  some  of  them 
trickily  worded.  Moreover,  in  this  case,  they  had  to 
face  an  enormous  corruption   fund  and  all  that  the 

ISO 


ALLY  OF   REPRESENTATIVE  GOVERNMENT 


romhined  party  inaihines  and  selfish  interests  could 
do  to  mislead.  Tlu-  result  was  a  triumph  for  the  peo- 
ple at  every  significant  point.  The  people's  capacity 
for  direct  legislation  is  not  likely  to  he  suhjected  to 
severer  tests  than  it  has  «' ready  stood  with  signal 
success. 

Through  direct  legislation,  the  state  will  offer  an 
attractive  field  of  usefulness  for  such  of  her  citizens 
as  do  not  care  to  give  up  their  whole  time  to  puhlic 
life.  Puhlic-spirited  citizens,  without  dislocation  of 
husiness  or  profession,  may  and  will  devote  a  much 
larger  share  of  their  time  than  now  to  the  considera- 
tion of  puhlic  f|uestions.  If  they  conceive  of  a  desira- 
ble step  in  legislation,  1  •  y  will  not  have  to  contrive 
to  get  into  office  and  to  stay  there  1<  lUg  enough  to  ac- 
complish their  ends.  They  have  a  dignified  and  honor- 
able method  of  presenting  to  the  final  authority,  for 
adoption  or  rejection,  the  best  fruits  of  their  labors, 
free  from  the  risk  of  mutilation  or  distortion  by  ill- 
informed,  overworked,  or  corrupt  legislatures.  This 
alone  would  be  a  powerful  means  of  bringing  sponta- 
neously to  the  public  service,  anc'  at  no  expense,  a  large 
amount  of  talent  of  the  best  possible  sort  for  which 
there  is  now  little  encouragement  in  public  life.  This 
is  the  talent  on  which  we  should  depend  for  the  most 
serii>us  lawmaking,  and  which  we  now  have  little 
chance  to  utilize.  The  legislature  w  ill  thus  be  facing  a 
reasonable  and  wholesome  competition  and  the  public 
cannot  fail  to  profit  from  it. 

Sometimes   officeholders    or   party   machine    men 


THE   INITIATIVE.   REFERENDUM   AND   RECALL 


r>  t 


profess  a  great  fear  that  direct  legislation  will  result  in 
*'  mob  rule.'*  This  must  be  taken  t.)  mean  that  they 
fear,  probably  with  reasiiU.  that  the  people,  after  weeks 
of  deliberation  and  with  adequate  information,  would 
not  supi)<)rt  their  pet  schemes.  Prospective  abundance 
of  popular  majorities  in  their  favor  would  neither 
excite  their  alarm  nor  be  called  by  them  "  mob  rule." 
No:  mob  action  finds  a  more  promising  field  in  nomi- 
nating conventions  and  even  town  meetings,  than  m 
the  long  process  of  gathering  signatures,  weeks  of 
discussion  and  deliberation,  and  the  ([uiet  vote  on  an 
Australian  ballot  in  isolated,  individual  booths. 

Direct  legislation  is  not  only  a  safeguard  against 
mob  rule,  but  against  the  only  thing  likely  with  us  to 
lead  to  violent  revolution,  n.-mely.  machine  rule  for  the 
benefit  of  the  privileged  few.     Majority  rule  precludes 
both  mob  rule  and  machine  rule,   for  majority  rule 
brings  into  play  the  great  patient  mass  of  honest,  hard- 
working citizens,  ordinarily  silent  and  little  felt.   They 
abhor  alike  the  violent  methods  of  the  mob  and  the 
intriguing  of  "  politics."    No  less  do  they  shrink  from 
making  themselves  individually  conspicuous  in  hope- 
lessly ijrotesting  against  powerful  wrongs  which  they 
can.  though  they  ought  not,  endure.    They  uiC  likely 
to  suffer  in  silence  until  driven  to  extremes,  rather 
than  seek  relief  through  the  distasteful  and  inadequate 
means  now  at  their  disposal.     To  provide  the  people 
with  orderly  and  regular  means  of  expressing  them- 
selves on  equal  terms  with  all  their  neighbors,  with  the 
certainty  that  their  will  thus  expressed  will  take  effect, 

152 


ALLY  OF   REPRESENTATIVE  GOVERNMENT 


is  the  logical  way  to  ensure  the  heahhy  and  natural 
progress  which  in  the  long  rtui  is  the  only  preventive 
of  violent  upheaval. 

An  additional  advantage  in  direct  legislation  is  the 
education  which  it  affords  the  average  voter.  One 
cannot  help  l)elieviiii;  that  the  conse(|ucnt  toning-up  »jf 
the  public  standard  of  thought  and  morals  would  be 
in  the  long  run  the  most  ijnportant  feature  of  the  sys- 
tem. Direct  legislation  tends  thus  automatically  to 
produce  a  highly  trained  and  self-respecting  electorate, 
and  to  lay  the  deei>est  and  most  promising,  foundation 
for  permanent  good  government.  Direct  legislation 
is  the  only  orderly  means  known  f<jr  accurately  and 
unmistakably  expressing  the  public  will  ,:s  to  legisla- 
tion, and  for  making  it  prevail.  It  gives  at  last  a  fair 
approach  to  a  proper  and  worthy  means  of  registering 
public  sentiment,  w  i.  defined  by  some  one  as  "the 
deliberate  and  reasoned  judgment  "  of  the  people.  It 
is  as  effective  a  balance  wheel  against  mere  popular 
clamor  as  it  is  a  safeguard  against  the  silent  scheming 
of  the  crafty  few.  Direct  legislation  thus  opens  for 
the  first  time  a  fair  prospect  for  the  early  realization 
of  the  cherished  American  ideal — a  government  by  as 
well  as  of  and  for  the  people. 

The  direct  legislation  idea  is  no  novelty  among 
free  peoples.  It  may  be  seen  in  the  institutions  of  the 
Plymouth  Co?'^r<v.  It  appears  in  our  time-honored 
New  Englam  ,  meeting  and  the  even  more  ancient 
Swiss  Landcs^-  .•  hide,  and  German  folk-iiwol,  all  of 
them  perfect  exemplifications  of  the  direct  legislation 
11  IS3 


THE   INITIATIVE.    REFERr.XnUM    AND    RECALL 

l-riiuiplo  ..11  a  sni.-iM  scale.  It  apiK-ars  in  ..nr  i-piilar 
ratiricatinii  of  ^IMc  constitutions  ami  tlu-ir  aincn»l- 
nicnts.  usually  insiste.l  upon  from  the  first,  in  spite  oi 
the  pitifullv  iiia.lnpiatc  facilities  of  our  early  .lays. 

M.,re  recentlv.    uc  note   tli-   stca.ly  extension  of 
,lircct  le^jislatioii  thn.uj;li  the  initiative  aii.l  referen- 
.lum  fr..ni  canton  t..  canton  in  Swit/erlaml.  its  applica- 
tion to  Swiss  fcleral  leKislation-the  referen.hun  in 
1874  and  the  initiative  f.)r  cnstitutional  anicn.lnients 
i„   iS.>i— an.l  its  a.L.pli""  in  the  last  .leca.le  hy  city 
after  citv  an.l  slate  after  state  in  this  country.     Direct 
IcKislati.'.n  (usually  accompanied  fn  ni  the  start  hy  the 
recall)  is  an  essential  feature  of  nearly  all  modern  city 
charters,  an.l  those  witli.mt  it  will  .louhlless  have  to 
a.lil  it  s....ner  or  later  t.>  ^et  satisfactory  results.     Nota- 
ble anioiiK'  the  direct  legislation  cities  stan.l  L..-^  An- 
gelas    Des    Moines.    Haverhill    an.l    (d..ucester.    and 
the   newest    recruits,    lierkeley.   California.    Coh.ra.l.. 
Springs,  (iran.l  Junction.  Clorad...  an.l    lUirhngton. 
l..wa.     Similar  examples  among  the  states  are  S..uth 
Dakota  since  iS.^H.  Oreg.Mi  since  up-',  Montana  since 
u,o(K  Oklalu.ma  since  uyoj,  Maine  and  Missouri  since 
ujoH,  Arkansas  an.l  Coh.rado  since  kjio.  an.l  .\ri/...na 
and  California  in  191 1. 

For  examples  ..f  the  efTect  of  .lirect  legislation,  we 
naturally  turn  first  to  Switzerlan.l.  where  it  has  heen 
in  operation  ..n  what  may  he  called  a  large  scale  for 
hfty  t..  eighty  years.  With  the  aid  of  .lirect  legisla- 
tion as  a  result  of  its  nv.ral  influence  as  well  as  hy  its 
direct  application,  Switzerland  has.  ^.'herevcr  she  has 

154 


ALI.V   OF   KI-.PRKSFXTATIVK   fiOVKkXMKXT 


iipf'licti  it.  rid  luTsflf  nf  the  inisnilc  and  cxplnitatioii 
wliicli  were  previously  rampant,  as  they  had  hecn  for 
renturii's,  in  all  except  the  niintite  hut  ultra-de-norratic 
lantoiis.'  Thanks  to  sound  deinocratif  idealism,  sup- 
ported hy  suitahle  machinery  for  its  expression,  she 
has  nt»\v  come  to  he  an  admirahly  {governed  country. 
Mr.  James  Hryce.  the  present  British  amhassador  to 
the  I'niteil  States,  declared  to  a  Camhridjj^e  audience 
in  i</)4  that  Switzerland  is  the  most  successful  de- 
mocracy that  the  world  has  ever  seen. 

I'urther  expert  testimony  to  what  is  generally 
known  and  admitted  hy  the  well-informed  and  disin- 
terested is  hardly  lueded.  hut  the  New  International 
[•'ncvclopedia.  in  its  article  ou  Switzerland,  expresses 
it  so  naively  that  it  may  he  worth  citing.  After  a 
lengthy  account  of  the  civil  wars  and  political  turmoil 
in  the  early  part  of  the  nineteenth  century,  it  disposes 
of  the  rest  of  the  century  with  the  single  remark  that 
*'  the  history  of  Switzerland  for  the  past  (piarter  of  a 
century  has  heen  very  uneventful,  though  marked  hy 
a  steady  material,  intellectual  and  political  growth." 

All  this  does  not  mean  that  Switzerland  is  an  un- 
alloyed paradise.  Some  of  the  great  human  prohlems 
seem  as  far  from  solution  in  Switzerland  as  elsewhere. 
It  does  uiean  that  the  government  promptly  reflects 
jnihlic  sentiment,  and  at  the  same  time  is  free   fnmi 


« It  is  to  these  little  cantons  including  less  then  ten  per  cent,  of 
the  area  and  less  than  seven  per  cent,  of  th}  population  of  the  present 
whole  country  that  Switzerland  owes  her  otherwise  quite  undeserved 
rcpulation  for  century  uld  free  political  insiituiions. 


155 


mmmm 


mmm. 


THE  INITIATIVE.   REIEREXHUM   AM)   kECAI.L 


violent  nmtnatioiiN  «.f  iHjlicy.  It  means  that  the  gov- 
eriiiiient  is  administered  etVuiently  and  in  the  interest 
of  the  puhhe  j^ood.  It  means  that  Switzerland,  with 
a  form  of  ^i.veriunent  modeled  largely  npon  our  own. 
hy  a  modineation  uliiih  might  have  heen  stiggested  by 
our  Declaration  <.f  Intlependence.  has  secured  good 
g<jvernment  in  a  democratic  repuhhc. 

Tlie  excellent  results  in  Switzerland  are  to  he  seen 
n(jt  only  in  her  federal  affairs,  hut  also  in  the  affairs 
of  an  overwhelming  majority  of  her  cantons.      We 
must    not.   however,   overlook   Canton    l^ihourg.   the 
only  one  of  the  twenty-two  Swiss  cantons  as  yet  una- 
ble t(.  e(pup  her>elf  with  the  initiative  and  referendum. 
She  has  still  the  unperfectcd  or  "  |)ure  "  representative 
system  characteristic  of  onr  American  states  and  cities 
and  of  the  old  times  in  the  rest  of  Switzerland.     This 
brings  with  it.  there  as  here.  Ihjss  rule  and  all  that 
boss  rule  implies.     The  legislative  hotly  is  nominated 
by  the  l)oss.  elected  by  the  people  and  managed  by  the 
boss.     Prominent  citizens  are  skillfully  kept  in  line  by 
a  share  in  the  plunder    for  themselves  or   for  their 
churches  or  philanthropies,  or  by  fear  of  loss  of  favor 
with  the  two  chief  banks,  both  creatures  of  the  boss. 
There  is  bril)ery.  extravagance,  subordination  of  the 
general  interest  to  private  business,  the  heaviest  per 
capita  cantonal  debt  in  Switzerland,   and   the  public 
apathy  which  tiaturally   f<»llows  widespread  hopeless- 
ness.   The  agitation  for  the  initiative  and  referendum 
is  still  kept  np  by  TrilMUirg  patriots  as  their  only  hope, 
but  all  orderly  means  of  success  are  in  the  control  of 

156 


ALLY   OF   RErKESF.NTATIVK   (lOVKKN'MKN'T 


(he  boss  who,  of  course,  fights  thcni  and  will  fight 
them  for  his  fiohtical  hfc' 

As  a  contrast  to  Priliourg.  it  should  lie  observed 
that  the  chief  cantons  of  Switzerland.  Merne  and  Zu- 
rich, the  former  a  farming,  the  latter  a  manufacturing 
canton,  Ixith  far  in  the  lead  of  their  neighbors  in  jMip- 
ulalion  imd  importance,  are  among  the  cantons  having 
the  initiative  and  referendum  in  their  most  radical  and 
readily  workable  f«»rm.  Zurich  is  clearly  the  tnost 
advanced  of  the  cantons  in  this  respect,  and  I'erne  is 
surpassed,  and  at  that  oidy  slightly,  by  few  besides 
Zurich.  In  short,  where  tlie  initiative  and  referendum 
are  most  readily  set  in  motion,  there  have  developed 
clean  government  and  leadership  in  civic  and  indus- 
trial growth.  In  the  only  canton  where  tiiere  is  neither 
the  initiative  and  referendum  nor  jnire  democr.icy, 
there  is  misrule  atui  political  apathy  of  the  familiar 
American  type. 

The  Swiss  success  inider  |)erfecte<l  representative 
government  may  reasonably  be  expected  to  be  repeated 
in  this  country,  for  the  strength  of  the  system  lies  in 
giving  common  human  nature  a  fair  chance  to  do  itself 
justice.  Human  nature  in  Switzerland  is  very  nuicli 
like  that  elsewhere.  That  it  is  like  that  in  this  coun- 
try is  to  Ik;  seen  from  the  fact  that  representative  gov- 


'  Th's  bit  of  evidence  from  Fribour^  is  drawn  from  an  article  en- 
tiUi-d  "The  Only  Political  Boss  in  Switzerland, "by  (icorge  Judson 
Kin^,  Secretary  of  the  Ohio  Direct  Legislation  League,  in  the  Twen- 
tieth Century  Magazine  for  July,  1910.  The  article  is  based  on  recent 
personal  observations  in  Canton  Fribuurg. 

157 


THK   INITIATIVE.   REFERENDUM   AND   RECALL 


m«.k    i  ■ 


iTiimctit  withoiii  direct  popular  control  results  in  <le- 
inoralizaiion  and  had  j,'o\  frnnicnt  there  just  as  it  does 
lierc,  ami  in  just  the  same  wiy  there  as  it  does  here. 

It  is  xiHK'litnes  suj^gcsted.  however,  that  little 
Switzerland.  ^uu{\  .is  her  results  are  conceded  to  he.  is 
not  ati  ade<|uate  precedent  for  an  immense  nation  like 
the  I'nited  States.  iUit  a  small  nation  may  e.\em|)lify 
a  principle  essenti.il  to  ihe  success  of  a  large  nation. 
.\  sniind  fmidamental  priiuijile  hoMs  regarclless  of  the 
scale  of  the  enterprise.  That  a  sclf-goveniing  jH-'ople 
must  have  effective  control  over  the  laws  under  which 
they  live  would  seetn  to  he  a  principle  of  this  kind. 
Details  may  recpiire  a<ljustinent.  hut  the  principle  will 
hold.  Hut  all  that  aside,  the  important  con.parison  is 
not  so  nnuh  with  our  nation  as  with  our  cities  and 
states.  Switzerland,  unhomogeneous  in  population, 
l)reeminently  a  manufacturing  nation,  larger  than 
Massachusetts,  Rhode  Island  and  Connecticut  cotn- 
hined.  with  a  |M)pulation  slightly  larger  than  that  of 
Massachusetts,  is  plainly  an  excellent  precedent  for 
the  adoption  of  direct  legislation  hy  individual  Amer- 
ican cities  and  states. 

Moreover,  there  may  never  he  need  for  a  federal 
initiative  and  referendum  system  for  this  cotmtry. 
With  the  rings  once  permanently  ousted  from  <nir 
cities  and  states,  the  federal  government  should  auto- 
matically run  clear.  For  the  rings  that  do  the  plun- 
dering at  Washington  could  manifestly  not  long  sur- 
vive without  their  intrenchments  in  the  cities  and 
states.    At  any  rate,  it  is  obviously  correct  tactics  now 

IS8 


ALLY   OK   RICPKESEXTATIVE   COVKKNMKNT 


tn  jiu  rinlit  ahead  for  the  initiative  an<I  refercinhnu  in 
states  ami  cities.  Our  only  ihsappointments  with  it. 
jti<Ij,Mnt;  l)y  experience  eUewliere.  are  hkely  to  arise 
from  excessive  restrictions  which  llie  legislatures  may 
impose  uiMHi  it. 

New  I'liKland.  the  home  of  the  t<»wii  meeting,  eii- 
j.tyinj,'  the  iiispirati<.n  of  the  Massachusetts  au«l  othir 
New  l-.n^land  states  constitutions,  with  Maine  already 
in  the  <lirect  leKisIation  ranks,  may  l»c  expected  to  take 
especially  kindly  to  this  new  an<l  long  step  toward  the 
realization  of  her  ancient  ideals. 

The   real   (pit  stions    for   us   in   New    I'Jigland   to 

answer  are : 

1.  Are  we  now  as  fit  for  this  forward  step  as  the 
Swiss  Xicrc  when  they  were  putting  the  system  in 
operation  thirty  to  fifty  years  </^'<'.' 

2.  Is  not  even  a  complicated  law.  i)roi)erly  ex- 
plained and  vouched  for.  as  suitable  a  thinj,'  for  a  iM)pu- 
lar  \<»te  as  a  choice  l>etween  complicated  candidates 
whose  actions  no  one  can  foresee? 

3.  Is  not  an  occasional  vote  on  an  ordinary  law  a 
natural  and  reasonable  addition  to  our  time-honored 
system  of  popular  votes  on  state  constitutions  and  tlicir 
amendments ; 

4.  Is  it  n(»t  worth  while  to  discntany:le  measures 
from  men  at^d  submit  to  popular  vofj  definite  and  dis- 
tinct propositions  instead  of  mixtures  of  candidates, 
parties  and  platforms? 

To  ask  these  questions  in  America  is  to  answer 
them  in  the  afTirmative.     All  parts  of  the  country  are 

IH9 


if  ■ 


THK   INITIATIVE,    KKI'liKliXDlM    AND    KElALL 

cninitii;  t<»  sec  the  |Kiint.  Orcjjon,  marly  half  as  jarjfc 
again  as  all  New  liij;iaii<l  n»pil»iiicMl,  is  setting  m  a 
most  cncouraj^'in^  cx.unple.  Seven  years  ago  she 
adopted  direct  legislaii'Mi.  Slit  was  then  deep  in  jKiiiti- 
cal  corruption.  1  hanks  to  the  initiative,  and  measures 
.secured  with  it  which  legislattno  had  refused  to  jiass. 
she  has  ma<le  great  progress  toward  In'tter  government 
and  the  ln>nse-cleai<ing  is  going  right  on.'  The  outcries 
of  the  local  plunderers  slutvv  that  they  feel  their  iwiwer 
slii-ping  away.  Their  iiniigues  for  the  destructiou  of 
the  initiative  and  referendum  show  that  they  know  the 
cause. 

We  shall  he  interested  to  see  how  direct  legi.slation 
fits  in  with  the  ideas  of  our  wonderfully  far-.sightcd 
and  sticccssful  constitution  fiamers.  It  will  l)c  worth 
while  to  quote  a  few  pass.»ges  from  the  constitution  of 
the  commonwealth  of  Massachusetts — the  oldest  of 
their  works— the  .spirit  of  which  is  no  stranger  in  other 
parts  of  the  country.  .\rticles  V,  \'II.  and  VI 11  of 
that  honorcfl  document  will  give  the  ideas  of  the  fa- 
thers on  the  relation  of  the  people  to  their  representa- 
tives. 

"  Article  V.     All  |K)wcr  residing  originally  in  the 


•  Sec  the  speech  of  Senator  Bourne  of  Oregon  in  the  United  States 
Senate,  May  5.  iqio  (<)f)Uiinablc  from  the  Mas.sachiisotts  Direct  Leg- 
islation Liajjuc).  for  an  extended  description  of  this  remarkable 
work.  Senator  Bourne,  a  Reimblican  and  by  birth  a  Massachu- 
setts man.  and  his  colleaRue,  Senator  Chambt-rlain,  a  Democrat, 
b>om  in  Mississippi,  are  alike  active  advocates  of  the  initiative  and 
referendum  aft.  r  oba  rving  its  eight  years  of  operation  in  their  home 
state. 

160 


ALLY  OF   RF|»KESENTAT:VE  GOVERNMENT 


i$ 


pfoplc.  ami  Inmj^'  «Urivc<l  from  llicm.  the  several  mai;- 
islr;itrs  ami  <  tVittrs  <.f  Kovcrntumt,  vested  with  aiith<»r- 
ily,  whether  legislative,  executive,  «>r  jti<litial.  .ire  their 
suhstitutes  and  ajjents,  aiul  are  at  all  times  acconmahle 
to  thcni. 

•*  Art.  \'II.  (ioveriiment  is  instituted  f«)r  the  inin- 
moii  jjiMHJ;  for  the  protection,  safely.  prus|»trity.  and 
happiness  of  the  pt<»ple;  and  not  for  the  prufit,  li.mnr. 
or  private  interest  of  any  one  man.  family,  or  class  of 
i!wn:  Therefore  the  |K*oii|e  have  an  incontestahle.  iin- 
alienahlc.  and  indefeasible  rijjht  to  institnte  jjovern- 
ment :  and  to  refornj.  alter  or  totally  change  the  same, 
when  their  protection,  safety,  prosjwrity  and  happiness 
require  it. 

"Art.  Vni.  In  order  to  prevent  those  who  are 
vested  with  authority  from  beconnnp  oppressors,  the 
people  have  a  rijjhi.  at  such  jjeriods  and  in  such  man- 
ner as  tliey  shall  estahli-^h  by  their  frame  of  jrovern- 
ment.  to  cause  their  public  ofllcers  t«»  return  to  private 
life;  and  to  till  up  vacant  places  by  certain  and  irj^ular 
elections  and  apjMiintments." 

On  rcadiiifj  these  sturdy  New  {•"n -i.nid  doctrines 
one  must  conclude  that  the  only  r  asoti  why  the  fathers 
dijj  not  then  and  there  establisi  direct  lej^dslation  for 
the  state  and  for  cities  as  they  uw^Ut  develop,  was  that 
it  was  at  that  time  phystcally  imi)ossibl<-  Mechanical 
invention  had  not  advanced  far  eiMugii  to  {Hermit  it 
even  if  they  had  conceived  the  idea.  We  must  not 
forget  that  their  facilities  for  dis.seminating  informa- 
tion and  g.^thering  return?;  were  little  superior  to  those 

i6i 


IHK   IMTIATUI.,    Kll  I  KKNDL  M    AND    KlA  ALL 


I  M 


of  JuliiiH  C  vHjir.  'Ih*  \  ktu  w  ti"  norc  uf  railwayn  than 
C'jeH.'ir  iliiL  siiili  liii^hwaNi  a**  I'li  \  iia<l  y\i'<-  nut  .v> 
j»imm|  .ih  (  a'^,u  "».  Ilii'  iIk>  ri  v»liittl)  'Ini  .III  ihai  wan 
pracfualilf  i'miUt  ilu  mt'ilianual  iuii(luiii(i>  nt'  Mluir 
tinir  'lliiy  |irn\MUi|  an  I'Mi^ai"!)  rck'rvu«lnm  nii 
tilt-  Idplinn  and  anKtiiltiiitu  <>t  lIu*  (unstitulinn  of 
the  (oititnoiiwialth,  even  thii(iv;li  it  lumUi  ami  did  take 
v\T«'k»  to  put  llic  lualtir  to  vote  aixt  >;et  the  return!*. 
An<!  it  is  tiear  that  nothing  was  fnither  from  their 
minds  than  that  the  will  of  represiiuatives  shotild  pre- 
vail ovtT  the  will  of  the  |K<ipie.  smue  itXMJern  iilVice- 
holders  to  the  eoniraiy  iiotwithstanihnj^. 

Now  that  direct  leu'HJation.  as  a  working  insti- 
tution on  a  larj^^e  siale.  has  licconH'  a  |iossd)ility 
throiijrh  the  introihution  of  the  ntodi-rn  means  of 
sprtadiuf;  news  and  ideas  hy  the  tek'i;raph,  hij,di-s|)ced 
printinj,'  press,  and  the  railway,  w'  tan  pr<»ceed  from 
the  |M»int  where  the  fathers  were  foned  to  stop  and 
ean  vindicate  more  clearly  than  ever  the  s(jun(hies.s  of 
their  nohle  idealism. 

In  closinj.,'  it  may  he  said  that  the  initiative  and  ref- 
erendum appeal  particularly  to  pioj^rcssivc  \mcricans 
in  whom  still  Ii\e>^  the  spirit  of  the  liliertydovinj;  men 
who  foninled  this  nation.  Such  citi/.ciis  readily  com- 
prehend the  necessity  of  cojitroHinj,'  the  imjMirtant  re- 
sults, and  of  not  limiting'  themselves  to  toying  at  k"^' 
ernment  while  |)ri\ilej,'e  <locs  the  governing.  They 
take  preat  satisfaction,  moreover,  in  a  ninedial  meas- 
ure so  tliorouj^hly  in  harmony  with  the  oM  ideals  and 
institutions.    It  invohrs.  aftrr  alL  only  a  hit  of  adtll- 

162 


ALL\    OF   ktPkE.SENTAriVE  GOVERNMENT 


tional   ni.ithinc^y.  ami  depciwU  for  its  »ucces»  only 
iiIK»»>  'Hir  fitnr'^'i  f<tr  m  |f-j«. ivfriitiicnt. 

Of  cnnr».c  Uirrct  IrK'isIatiim  ih  only  a  pircc  of  mech- 
anism It  will  not  HiilVicf  merely  to  mI  it  np.  It  must 
Ik-  ma'lc  l«»  work  proniplly  an«l  with  vip»r  whon  rc- 
(|nirnl  This  will  taU-  real  riti/cns.  Orr^on  Hh<»ws 
that  such  citi/rus  >lill  exi  i  -some  of  thnn  of  New 
Kn({lan»l  or  othi  r  American  st<K'k.  some  ut  tln'm  Inirn 
in  ol<l-worl(l  monarchies. 

The  succes?.  in  S\\il/crlan<l ;  the  steady  proRicss 
and  gratifyitjfij  rcMiIts  in  Nmerica;  the  sirennous  o|>- 
|X)sitton  l>y  fa*  ntes  or  maiiajjers  of  jK)!iticnl  machines; 
the  misrepresttitations  hy  professional  I'  hhyists  and 
conspicuous  )tVtcehol«lers.  erIuK'd  in  irady-madc  "edi- 
torials." all  indicate  that  the  initiative  and  referendum 
are  measures  jn^tly  flestin"  '  to  receive  at  increasinf^ 
amount  r  •"  public  att.  ution  and  r"^';  n( 

With  I    "  initiative  and   reft,    ,,..  in    •!   '  h.-    we 
shall  l)e  et|viip|)ed  as  never  l)cfo'.     '<  ;         st  enemies 
from  within,  enemies  far  more  dar     r    ••  i  »  (»ur  fr 
dom  than  any  fot  ign  foe. 

The  initiative  and  referendum  may  well  be  the 
means  of  instituting  on  a  permanent  basis  the  resjxmsi- 
ble  kind  of  rcpresentati\e  jx<»vernnicnt  wl'.'h  our  fa- 
ther'^ li\cd  and  <lied  to  secure. 

The  initiative  and  referendum  ma\  well  prove  to 
l)e  the  salvation  of  the  momentous  cxi)eriment  led  by 
Jefferson.  Haiictxk,  Franklin,  the  Adamses  atu'  'Vash- 
ington. 


*^^fe^'l^^-'" 


L 


CHAPTKF?  VII 


'■,!' 


ji    ; 


RKI'KKSKNTATIN  K   AS   A<;AINST   DIRKC  T   LEGISLATION  ' 

It  is  not  always  that  tlicrc  is  a  direct  relation  be- 
tween the  sonnd  and  fury  of  lanj^najje  and  its  real 
nieaninj^'.  hut  such  imjxtsinjj  words  as  the  initiative,  the 
refcrendiiin.  -ind  the  recall  do  not  indicate  innovations 
c»f  a  lif,dit  and  triflinjj  kind  in  the  character  of  our 
institutions.  As  the  doctrines  which  they  convey  are 
practiced  in  some  of  the  states  of  the  Union,  and  as 
they  are  i»ro|K)se(l  for  adoption  in  other  states,  they 
involve  no  less  than  a  radical  chanjje  in  our  infthod 
of  j^overtdneiit.  In  effect,  they  propose  the  substitution 
of  direct  for  representative  government,  the  establish- 
ment of  the  direct  action  of  the  people,  not  merely 
in  selectinjj  their  agents,  but  in  framing  and  executing 
their  laws. 

To  'iiost  of  us  the  proposals  are  full  of  novelty,  and 
it  is  not  too  much  to  say  that,  as  a  peo[)le,  we  have 
given  them  no  consideration  worthy  of  the  name. 
Have  we  explored  the  past  to  learn  whether  similar 
exi)eriments  have  been  tried;  and.  if  tried,  what  has 

'  By  Congressman  S.imuel  W.  McGill.     Reprinted   by  permis- 
sion from  the  Atlantic  Mottthly,  October,  1911. 

■6t  -  V 


/ 


REPRESENTATIVE  LEGISLATION 


I)cen  the  effect?    Have  we  reflected  upon  the  obvious 
limitations,  upon  the  utterance  by  jj^eat  masses  of  men 
of  final  ami  definite  regulations  for  the  conduct  of  a 
complex  society?    Have  we  considered  to  what  extent 
the  most  doubtful  results  under  our  present  structure! 
i)f  j^fovernmont  are  due  to  the  overzeal  of  reprcsenta- i 
tivcs  to  respond  to  the  transient  and  noisy,  and  often  j 
misleadinj^.  manifestatiijns  cjf  jiopular  opinion,  and  to 
their  failure  to  act  bravely  as  the  instruments,  not  of : 
the  j)eople's  passions,  but  of  their  interests,  and  to  re- 
quire them  to  select  (jther  agents,  if  they  shnll  insist^ 
upon  thf  doing  of  wrong? 

At  the  threshold  of  the  discussion  we  encounter  the 
usual  epithets.  The  advocates  of  change  are  apt  to 
seek  po])ular  favor  by  decorating  themselves  and  their 
pr(i|Hised  iimovation  with  some  lofty  adjective,  and  in 
a  similar  fashion  to  cover  their  opponents  with  oblo- 
<|uy.  The  (juality  assumed  by  the  proponents  of  one  or 
all  of  this  trinity  of  reforms  they  express  in  the  word 
"progressive."  They  are  advocating  "progressive" 
methods  of  government,  while  those  who  disagree  with 
them  stand  for  reactionary  methods.  "  Progressive  " 
is  an  alluring  word.  ICverylxxly  believes  in  progress 
if  it  1h  of  the  projjcr  kind,  and  a  due  amount  of  >oci- 
feration  on  the  part  of  tho.se  claiming  a  monoixily  of 
the  virtue  may  serve  to  banish  skepticism  as  to  the 
kind.  But  if  the  question  were  to  be  settled  by 
epithets,  there  is  some  ground  at  least  for  asserting 
that  they  should  be  transposed  in  their  api)lication. 
Representative  government  is  comparatively  modern; 

i6s 


mum 


«mppi 


'  f 


THE  INITIATIVE.   REFERENDUM    AND   RECALL 


i 


direct  govcrumctit  of  the  deinocratic  kind  is  ancient; 
and  the  latter  was  dehheratcly  discarded  for  the  former 
hy  the  fonnders  of  our  j^overninent.  I  will  tmt  cite 
such  a  statesman  as  Madison,  not  hecanse  the  heavy 
debt  which  the  cause  <tf  free  and  retaliated  popular 
povernnu-nt  owes  him  can  ever  in*  discharj^e<l.  hut  l)e- 
cause  in  the  passionate  rhetoric  f>f  the  stlf-slyled  Pro- 
gressives, he  is  set  down  as  a  reactionary.  I  will 
choose  an  authority  who  still  remains  alwive  suspicion, 
and  will  take  the  author  of  the  Declaration  of  luuv 
IKMidence.  which  even  to-day  is  considered  ra<lical  ut 
its  democracy.  In  speakinj>^  of  "  the  e(|ual  rights  oi 
man."  Tltdmas  JelTersou  dt-clared  that: 

"  Moileni  times  have  the  signal  advantage,  too,  of 
Iiaving  discovered  the  only  device  hy  which  these  rights 
can  Ik'  secured,  to  wit,— government  hy  the  people,  act- 
ing tmt  in  person,  hut  hy  representatives  chosen  hy 
themschcs." 

The  framers  of  the  constitution  were  entirely  fa- 
miliar with  the  failure  of  direct  democracy  in  the  gov- 
ernment of  numerous  populations,  and  they  were  in- 
fluence<l  hy  their  kn*twledge  (»f  that  failure  in  devising 
our  own  structure  of  repuhlican  government.  It  is 
now  proposed  to  ahandon  the  «lisc()verv  of  modern 
times,  to  whitli  Jelfersoii  referred  and  which  he  de- 
clare 1  to  he  the  only  method  hy  which  rights  can  l>e 
secured,  and  to  put  in  its  stead  the  discarde*!  device  of 
the  ancients.  Who,  tlien,  are  the  reactionaries:  those 
who  .are  opijosed  to  the  substitution  of  direct  for  rep- 
resentative government  and  are  in  favor  of  th     pro- 


REPKESEN'TATIVE   LKdISLATION 

prcssive  principles  of  the  American  constitution,  or 
t!ic  --iipiHtrtfrs  of  Jirect  governtm-nt  who  advocate  the 
return  to  the  reactionary  poHcies  which  thousjinds  of 
years  a^o  fleinoustrated  their  destructive  effect  ujxin 
the  jroverunient  ot'  any  considerahle  i)opulations?  It 
iloes  not  It. Mow  that  to  he  a  reactionary  is  to  be  wrong, 
'f  he  *ise  reactionary  may  sometimes  j)reserve  the  gov- 
ernment of  a  state,  and  even  its  civiUzation.  Whether 
the  initiative,  referemhim  and  recall  emlx.dy  souml 
jvilitical  principles  must  Ik-  determined  by  other  tests, 
lint  their  advocates  should  not  mas(|uerade.  If  they 
choose  to  iittach  to  themselves  any  lal)el.  they  should 
frankly  spread  upon  their  haimer  the  word  "  reaction- 
ary. 

The  framers  (.f  )ur  constitution  were  endeavorinjjf 
tf)  establish  ;i  ^overnnjent  vvhicli  should  have  sway  over 
a  ^^reat  territory  and  a  ix.inilatioii  already  large  and 
which  they  knew  would  rai)idly  increase.  Tluy  were 
alxnit  to  consummate  the  most  democratic  movement 
that  had  ever  occurred  on  a  grand  .scale  in  the  history 
of  the  world.  They  well  knew  from  the  ex|)eriments  of 
the  past  the  inevitable  limitations  uixm  direct  deiTKi- 
cratic  gfAernn.ent,  and.  being  statesmen  as  well  as 
detnocrats.  they  sought  to  make  their  go\  eminent  en- 
during by  guarding  against  the  excesses  which  had 
so  often  brought  impular  governments  to  de>tructio!i 
They  established  a  government  which  Lincoln  ca'led 
"of  the  poople.  by  the  |)eople.  for  the  jxjople."  an<l  in 
order  etfecti\ely  to  create  it  they  adopted  limitations 
which   would   make    it'^   continued   existenct    possible. 

167 


li 


THE  INITfATlVF,   KF.I'EklLNDUM   AND   RECALL 

'The\  knew  that,  if  the  ^"^'^^""Vtnl  « nt* rjjy  l>ecame 
Ivtf  much  (hhited  ami  'h^M'lvfl.  t\w  evils  of  anarchy 
would  r«suh.  and  ftiat  there  would  follow  a  reaction 
to  the  other  extrenw,  with  the  resulting'  overthrow  of 
{Kipular  rij(Hs.  Ihey  -sw  clearly  the  line  over  which 
they  niigbt  not  pass  in  |>retendt'<l  devotion  t<»  the  demo- 

Icratic  idea  without  estahlishiug  ^overnn»ent  of  the 
|lemagogue,  by  the  demagogue,  and  fur  the  denKigogue. 
^\ith  the  recoil  in  f,fv<,i  of  autocrai  \  sur*'  <|>fedilv  to 
tfollow ;  for  they  knew  that  the  men  nf  the  race  from 
which  they  sjif^ng  would  not  \<m^  jjermit  themselves 
to  lje  the  ccwHcious  victims  of  mis^o\ernment,  and  that 
they  would  prefer  even  autocracy  to  a  system  under 
wliuh  the  threat  ends  of  i^ovcrnment  in  the  na- 
tion should  n<Jt  lie  secured,  or  should  ..c  vwn  per- 
verted 

We  are  in  danger  of  forgetting  ihe  essential  pur- 
pose of  government :  that  it  is  not  an  end  but  a  means, 
that  the  liicople  do  not  exist  for  the  government  but 
that  overnment  exists  for  the  jjeople.  The  idolatry 
of  government,  or  f»f  its  institutions,  has  Ikhii  as  de- 
basing and  uijuri»»us  as  any  idolatry  that  has  ever  af- 
tlicted  mankind.  It  has  frequently  Ix-en  the  agent  of 
gross  atul  wli'-U-sale  opi)ression ;  it  has  fre(|uently  been 
the  means  by  which  the  many  have  l)een  kept  in  servi- 
tude and  subjection;  and.  initil  the  establishment  of 
our  own  system,  the  governments  have  l)een  few  which 
have  had  for  their  chief  purjjose  to  safeguard  and  pro- 
tect the  imhvidual.  and  to  hold  over  him  the  shield  of 
law.  so  that  he  might  be  secure  in  his  life,  his  liberty. 

i68 


'^^ESfef^S**, 


RFPRRSF.NTATIVR   I.F.CISI.ATIOM 


the  fruits  nt   liis  I.iIh)!-,  ami  in  his  rij;ht  as  an  e<|ual 
imnihtr  <>f  the  state. 

And  whtti  I  s|)eak  (if  the  iii«Iivi(hial.  T  nieaii  the 
iluef  thinj^'  that  is  :•  cntial  in  the  meaninj^f  «>f  the  term 
'  the  jK'ople."  I  iln  not  accept  the  latter  term  in  tlie 
sense  in  which  it  is  so  often  sweetly  nsed  l)y  tliose  who 
desire  onr  votes.  I  am  nnah'i'  to  see  how  any  j^ood, 
cominij  to  a  mas>  nf  men.  can  Iv  felt  in  any  other 
way  than  hy  the  inthvidnals  in  the  mass.  .And  until 
soinefiody  shall  point  out  a  hi^dier  consciousness  than 
that  of  the  individual  man  or  woman  or  child,  he  can 
liardly  he  heard  to  deny  that  the  imlividual  man  «ir 
woman  or  child  is.  after  all.  the  ultimate  concern  of 
the  vtatt 

Tht  notioi!  (hat  there  is  a  colleciive  personality 
failed  ■■  the  people."  separateil  from  the  individuals 
win  I  Compose  it.  an<I  which  may  he  used  to  oppress 
••a*  h  one  an<!  all  of  its  com])«»nent  pans  in  turn,  may 
well  hase  l»een  a  conception  of  the  (ireek  demafjt>^ues 
i>y  whotn  it  was  •'O  tittinj^dy  illustrated  in  practic-  I 
cannot  untlerstand  how  there  can  he  any  freedom  that 
is  not  in  the  last  analysis  individiul  freedom.  How- 
ever }.jreat  a  mass  of  men  yon  may  have  in  a  nation, 
however  jx.werful  physically  it  may  Ix?.  if  each  indi- 
vidual is  the  victim  of  oppression,  if  he  is  denie<l  rijjhts. 
if  there  is  no  forum  open  to  him.  where  he  can  Ik; 
heard  to  siiy  ajLjainst  the  majority,  "  This  is  mine." — 
thin  "  the  peopU-  "  h.ive  no  such  thinj^  as  lilierty.  they 
have  no  such  thinij  as  popular  rijjhts.  As  to  the  "  com- 
posite citizen,"  he  oh\ionsly  is  noljody  who  ever  has 
13  i6g 


per- 

enta- 

sub- 

and 

1  re- 

the 

fmd 

liest 

l»>rs. 

■tia- 

peti- 

fr.»es 

nent 

ome 

nent 

iiiay 
nen. 
ich, 
sjx;- 
sme 

he 
o  a 
lay- 

by 
the 

on 
Ito 

of 
tng 


■HH 


EEE^ 


^.  i 


THF   IXITIATIVF..   RF.FERF.XDUM   AND  RECALL 

existed  or  ever  will  exist.  When  the  advocates  of  a 
reform,  ijjfnoriiij;  tlie  man  of  fU-sIi  and  hlood  in  the 
street,  are  eondnetin}.,^  their  o|H'ralions  with  reference 
to  this  mythical  |R'rson,  they  shonld  emij,,fratt'  to  Uto- 
pia- > 

Is  it  for  the  interest  of  the  individual  mcmlKTS  of 
our  society  tf>  hnw  the  J4:reat  mass  of  tis  ]»ass  n|Min  the 
intricate  details  of  lejijislation.  to  execute  our  laws  and 
to  administer  jvistice  l»etwein  man  and  man?  That 
I  l)elie\f  to  Ik*  in  snhstance  the  (|uestion  raised  by  the 
initiali\e.  the  referendum  ajid  the  recall,  as  they  are 
now  practically  applii-ii  in  at  least  one  of  the  states  of 
the  Union,  the  example  of  which  is  held  up  as  a  model 
to  the  otlur  states.  With  an  inflnilesim.'il  resjKJnsi- 
liility,  with  only  one  vote  in  a  million,  how  seriously 
would  each  one  of  ms  feel  called  ui«)n  to  withdraw 
'from  his  own  private  pursuits  and  to  explore  in  all 
itheir  <letails  the  complicated  questions  of  government? 
'It  woiilil  l>e  imposing  an  imiM)ssil>le  task,  scattered  as 
we  are  and  unable  to  take  common  counsel,  to  recpiire 
v>  in  the  mass  to  direct  the  work  t)f  government. 

I'irst,  with  regard  to  the  initiative.     In  our  legis- 

flation  the  work  of  investigation  and  of  i)erfecting  dc- 

itaiis  is  of  such  great  ditHkulty  that  pro|M)«.ed  laws  arc 

'disirihuteil    among    various    committees,   which     are 

U'harged  with  the  duty  of  cousiilering  their  e.xact  terms 

The  legislati\c  Ixxly  as  a  whole,  although  its  members 

are  paid   for  doing  the  work,  canni>t  s.ifely  assume  to 

pass  ujK>n  the  intricate  (piestions  of  legislation  without 

investigation  \)\   committees  selected  with  reference  to 

170 


■■! 


REPRESENTATIVE   LE(.ISI.ATION 

their  fitness  for  the  task.     The  |)r()iM)se(l  law  as  per- 
fectt'.l  hy  a  committte  is  I)roiijrlu  k't'ori-  the  representa- 
tive asseinhly  ami  it  is  tliire  aj,'ain  (hscnssed  and  siih- 
jected  t».  criticism.  iMith  as  to  ixiHcy  and   form,  and 
in  this  ())ien  (Hscussinn  defects  often  apinrar  which  re- 
(|nire  amemhnent.   and   sometimes   the  defeat   of   the 
hill.     And  even  with  these  safej,'uards  laws  often  find 
their  way  iip<in  the  .statnte-l)of)ks  which  are  not  la-st 
adapted  to  secnre  the  pnrjKises  even  of  their  anthors. 
Milt  what  would  Ik'  the  procedure  under  the  initia- 
tive?    In  ()re«:on  a  law  may  he  initiated  upon  a  |)eti- 
tion  of  eift^ht  \)er  cent,  of  the  voters,  and  it  then  ,i,mk>s 
to  the  |)eoplc  ujKm  the  (|iiestion  of  its  final  enactment 
without    tlie   intervention   of   any   lej4islature.      Some 
man  has  a  iK-antiful  .i,a'neral  idea  for  the  advancement 
of  mankiiul.  hut  l)eautiful  fjeneral  ideas  are  e.xceedin^- 
ly  diftkiilt  to  put  into  statutory  form  so  that  they  may 
hecome  the  rule  of  conduct   for  a  multitude  of  men. 
Another  man  may  have  some  selfish  project,  which, 
like  most  selfish  projects,  may  lie  concealed  under  sik'- 
cious  words.    The  iK'autifuI  idea  or  the  selfish  m  heme 
is  written  hy  its  author  in  the  form  of  law.  and  he 
proceeds  to  j^a*t  the  requisite  num?>er  of  signers  to  a 
petition.     With  a  due  amount  of  energy  and  the  pay- 
ment of  canvassers,  these  signatures  can  he  secured  hy 
the  carload,  and  the  proposed  law  then  goes  to  the 
people  for  enactment,  and  the  great  mass  of  us.  (m 
the  farm,  on  the  hillside,  and  in  the  city,  proceed  to 
take  the  last  stef)  in    naking  a  law  which  nine  out  of 
ten  of  us  have  never  read.     .And  thi>;  is  called  securiuL' 

171 


THK    IMTIATIVK.    KKI  KKIA'Dl'M    WD    RKC  AI.I. 

]Mipttlar  ri^Oits  ntul  |;ivii)){  the  |a-<iplc  a  l<n>>cr  >li;ur  in 
tlifir  i^ovtMUMH-nt ! 

TIu'  iK'opk'.  at  tlu'  tliTtioii  iii  Orcjjnn  lieM  in  U)io, 
passfd  u|Miii  pr(i|M)sf(|  laws  wliiili  lilUil  a  \oIninc  <ii' 
twu  hiiii(|tT<l  i)aj^fs,  and  tlicy  |)asstM|  ii|M)n  llicm  all  in 
a  siiifjlr  (lay,  i-acli  voter  rvconlinj;  liis  vcrdirt  at  tlio 
polling  t)i>i)tli  ii|)iin  hot!)  ttit*  candidates  and  tlu*  |)r()- 
IHisod  laws.  In  ilic  «»rdinat>  K-j;islativf  IkmIv.  made  up 
of  no  difTcrrnt  iiiatcrial  I'mni  that  <>f  wliicli  tlic  |k<>- 
ple  art-  (•nntjM)si'd,  an  important  cpu'stioii  may  he  con- 
sidered for  a  ilay.  or  even  t<ir  a  week;  and  then,  with 
the  ar^Munents  fresh  in  their  minds,  the  legislators 
record  their  votes  ti|«tn  the  single  measme.  What  a 
delij^lillnl  jnmhie  we  shonid  have  if  forty  dilTerent 
statutes  were  voted  njxdi  in  the  space  of  a  half-hour 
by  the  memhers  of  a  humdrnm  legislature! 

Of  course,  one  must  he  cautions  alxml  expressing 
a  donht  that  the  people  in  their  collective  capacity  can 
accomplish  imixissihilities.  Ndn  may  say  of  an  individ- 
ual that  he  should  have  S(»me  si)ecial  preparation  he- 
fore  he  attempts  to  set  a  hroken  arm  or  j>erform  a 
d<-licate  ()|)eration  Ujion  the  eye.  Hut  if  you  say  that 
of  all  of  us  in  a  lump,  some  iM>pular  trihinie  will  de- 
nounce you.  .And  yet  there  is  j.jromid  for  the  heretical 
suspicion,  admittinj^^  that  each  oiu-  of  the  i»eople  may 
have  in  him  the  making;  of  a  i^reat  lej.,Mslator.  that 
there  should  he  one  simple  ])rere(|uisite  which  he  should 
observe  in  order  to  he  any  sort  of  a  lej,,nslator  at  all. 
He  should  lirst  read  or  attempt  to  understand  'he  |)ro- 
\isioiis  of  a  hill  hefou-  solemnly  enactin^^  it  into  law. 

•  7^ 


^.^  m 


rki*rksi;n  I  a  I  i\  i.  i.ij.im.ai  ion 


Otif  » an  startrly  Ik    aiciiM-M  "t  ln'Kiji">i  •I'*"  •|ti«"«iiMii 
til  >a\   tliat  llif  M'tiTx  wt'iihl  nut  iraii  a  \\li«tU«  \iilnnif 
nl    I.iw«    iK'forr    \utiiij;    n|"'ii    tlirin         llu'    --li^litrst 
IniH'W  Ifflj^r  <it  hnnian  tiatiiri-  \\">ii!.|  wairaitt  that  a>sfr 
linn. 

Ilt'vv  many  I'vrn  ■•!'  llii"  nii»sl  intcllij^fiit  o|'  (»in  ih-o- 
plc.  of  cullfj^f  priiiisvHs.  (if  nninstiTs,  nail  llu-  siat- 
ntfs  that  have  alrt-adv  l)ei'n  passed  and  that  are  to 
govern  their  mmhut?  I'.ven  lawyers  are  nitt  apt  to 
read  them  ^enerallv.  hnt  in  eonneitjon  with  |K'irticii- 
lar  eases.  lint  if  s'ine  proof  were  neeessary.  one  has 
only  to  eite  some  of  the  Oregon  laws.  I'or  example, 
there  are  two  nuihods  of  ptnsniii;.,'  the  salmon  fisher- 
ies in  the  (  oinmhia  Uiver:  in  the  lower  and  slnjjK'^^' 
waters  of  the  stream,  fishinjf  is  done  by  the  net;  and 
in  the  np|)er  waters  by  the  wheel.  The  net  fishermen 
desired  to  p-ohihit  fishinj.j  hy  the  wheel,  and  they  pro- 
cnred  sntVtcient  siirnatnres  and  initiated  a  law  ha\inj,' 
tliMi  object  in  view.  On  the  other  hand,  the  wheel 
fishermen  at  the  sanii'  time  wished  to  restrict  fishinj.,' 
by  the  net.  and  they  it^.tiated  a  law  for  that  piirpise. 
Moth  laws  went  iK-fore  the  |R'ople  at  the  same  election 
and  they  j.;eneronsly  passed  them  Inith.  and  thus,  so 
far  as  the  action  of  the  iieople  was  concerned,  the 
f,Meat  salmon  fisheries  of  the  Columbia  were  practically 
.stopi>ed. 

.\  law  was  '■  initiated  "  by  siji,niatn'es  and  was  en- 
acted by  the  jieople  at  the  election  in  November.  H)lo. 
jirovidinj.;^  for  the  election  of  delej.fates  to  the  national 
politic.'d  conventions  by  popniar  vote.     The  law  for- 

173 


r 


M 


1  a 


I  ME   IMTIA'IVE,    KlIKki.NDI  M    ANU    Utl  AI4- 

IkhU'  tacli  voter  t«i  vott-  for  iiu<u-  than  mw  cani|«|.itt' 
Hilt  ii|Hin  iIk-  Usual  Ikisi  .  i  api  xtiutuiK'Mt  On'm-.u  is 
i-tititli-il  til  It'll  ili-lcf^ati  III  a  nati<iM,-ti  cunsctilion  it 
M>mf  raiKlidati-  slmnlil  Ik-  |»riTuiiiu'iitly  fitUi'  ,,'><i\e 
all  otluTs  fill  ilir  place  ami  shoiilil  rtHcivc  all  the  v"tc<. 
till*  stall*  woiilil  have  ••iily  a  .siuj^U-  <lt'k'j;ait'  in  iIh"  i'"n- 
\cntinu.  If  tliv  voter  lias  ilit-  rij^ht  to  vote  for  all  ilic 
tamlulatcs  for  iIk  vvhi»k'  rtpri-Hi'iiiation  ^f  his  statt  iii 
the  electoral  cojlef^e.  what  semhiaii'c  of  a  reason  can 
there  Ih*  why  he  siioiihi  not  have  the  same  partiti|»;ition 
in  the  priliininary  tlectiitn.  when  the  i  ii<ii«laie.  who 
may  linally  Ik-  elected  president,  is  to  Ik-  chosen?  The 
same  law  forhids  a  voter  from  votin|»  for  the  nomina- 
tion of  more  than  t»nc  candidate  for  presidential  elec- 
tor, rinis  a  minority  of  a  |Mrty  in  the  state  may  nomi- 
nate candidates  for  electors  hostile  to  its  presidential 
candidate.  If  the  vote  of  the  presiilemial  electors  of 
t  )rej;on  shall  not  some  time  l»e  divided,  even  thonph 
the  |>opiil;ir  vote  may  h.ive  l>eeii  stronj^ly  in  favor  of  a 
j;iven  candidate,  it  will  iiol  lie  the  fanh  of  this  law. 

It    seems    rather    siiiierthions   to   cite    inst.inces    to 
prove  that,  where  the  hnal  lej.jisl.-itive  Inxly  is  denied 
itlie  power  ot'  nu'etiiijj;  and  discnssinji;  the  provisions  of 
I  proposed  law.  there  will  Ix'  liM>se  and  fie.ikish  lej^is- 
ilation  of  the  vvorsl  kin«l.     Mr.  WtwHlrovv  Wilson.  I)e- 
I'ore  he  essayed  the  e.xactiii}.,'  role  of  the  practical  piAi- 
lician.  declared  kforc  the  stndents  of  Coliiinhia  Uni- 
versity that  a^  yovcnuiicnt  cannot  act  inorfjaiiioilly  by 
masses,  it  must  have  a  l.tu-inakirg  lx)dy.     It  can  no 
more  make  laws  thrnnj;h  its  voters  than  it  can  make 

»74 


KKI'KtSLNTATIVli  LEGISLATION 


laws  ttirutt};)!  its  nc\\>pa|KTs.  And  in  ihc  >aiiH!  luiiisc 
«>f  It'cturfs  he  <letlarc(|  that : 

"  \\  c  M>niciiiiKs  allow  niirsolvcs  lo  aHsuuM?  that 
llic  ■  iniliativf  '  an<l  the  '  rt'frrtMuiuin.*  imw  vi  mmfi 
talknl  of  an<l  so  iin|K'iltTlIy  innlcrst<KKl,  arr  a  more 
tlioroti^li  means  of  v.'('tti»K  •*(  piihlic  opinion  than  the 
pnnTss  of  onr  legislative  issemhlies.  Many  a  ra«h- 
eal  programme  may  j;et  what  will  seem  ti»  \k  almost 
^jciural  approval  if  yon  listen  onl;  to  those  who  know 
they  will  not  have  to  hamllc  the  |ierilons  matter  of 
action,  ami  to  those  who  have  merely  forme<l  an 
in(le|>en(!(  lit,  that  is,  an  isolated  opinion,  and  ha\c  not 
entered  into  eomnion  lonnscl;  hnt  you  will  seldom 
find  ;•  deliherative  assemhiy  actinj^^  half  so  railically  as 
its  several  njemlKTS  have  professed  ihemselves  ready 
|o  act  liefore  they  came  tojjether  into  one  plate  and 
lalked  the  matter  over  and  contrived  statutes." 

After  Mr.  Wilson  entered  ujioii  his  |)oliiical  career, 
he  changett  his  mind,  hut  his  recantation  in  no  dej^ree 
affects  the  weight  of  the  arj^ument  to  which  I  have 
referred.  The  "  ctunmon  counsel,"  of  which  he  speaks 
is  an  indis|)cnsal)le  prcness  in  the  makinj;  of  laws,  and 
whenever  our  legislative  Ixxlies  im|)ose  serious  limita- 
tions ufx)n  the  process,  it  is  usually  to  the  detriment 
of  the  character  of  the  laws  passed;  and  the  more 
grave  and  statesmanlike  the  delilx-rations  of  those 
charged  with  the  resixmsihility.  the  better  it  will  Ix*  for 
the  state.  For  this  yi^l  ^iirocess  there  w  oulil  be  substi- 
tutefl  the  enthusiasm  of  somelxuly  who  l)elieves  he 
has  devised  some  statutory  cure-all  for  the  ills  that 

>75 


n 


;««i 


ji(««f«?!a'"»tjraar#i  -ir^v^  i"»'j»;;i*t  ■air^«tM.  •■s 


MICROCOPY    RiSOlUTION   TEST   CHART 

lANSI  and  ISO  TEST  CHART  No    2) 


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^^  •6'::  Eus!   Main   ""jtreei 

g'aS  ^ofpster.    Ne*    rofh         "'.609       u^ 

'.^S  '."u,  482  -  OiOO  -  Phone 

^=  (7'6)  288  -  5989  -  Fai 


THE   INITIATIVE.    REFERENDUM    AND   RECALL 

afflict  the  iKxIy  politic,  and  cniljo.lifs  hi.  cnthiisiasm  in 
a  hill.  He  secomls  himself,  as  any  one  may.  with  the 
necessary  signatnres  t..  a  petition;  a.i.I  then  with.mt 
co.nin,ir  to«:ether  and  takinjr  common  connsel.  and  often 
without  reading  what  has  hi-en  written,  the  great  mass 
••f  US  solemnly  proceed  to  vote.  Such  a  procedure 
would  put  a  test  upon  the  people  under  which  no  nation 
!  could  long  endure. 

The  referendum  is  somewhat  helter  than  the  initia- 
tive, hut  as  a  settled  policy  in  the  making  of  ordinary 
statutes  it  is  in.lefensihlc.     It  can  he  used  upon  con- 
fcrete  propositions  that  are  not  complex  in  character, 
and  especially  upon  con.stitutional  propositions  which 
'ordmarily  enunciate  generd  principles.     In  the  case 
of  con.stitutional  changes,  however,  they  should  never 
take  effect  without  the  .support  of  a  clear  majority  of 
the  voters,  and  in  advance  of  their  action  thev  should 
hav?  the  .support  of  a  large  majority  of  the  legislative 
hody.  such  as  is  provided  in  Massachusetts,  so  that  our 
constitutions   should    have   more   stahility   than   mere 
statutes.  an<l  should  not  be  subject  to  change  with  every 
passing  breeze. 

I  may  illustrate  again  from  the  example  of  Ore- 
gon—which is  pointed  out  by  the  friends  of  these 
reforms  as  a  model,  and  who.se  people  are  heroically 
subjecting  themselves  to  political  vivisection  in  the 
testing  of  governmental  experiments.  An  amendment 
may  be  made  to  the  constitution  of  that  state  by  a 
majority  of  those  who  xote  upon  the  proposition'  in 
question.     An  amendment  was  passed  in  .^ne  election. 

176 


r  ■  •  I 


REFKESKXTATIVE   LEGISLATION 


W 


by  barely  onc-thinl  of  the  le^^'al  voters,  which  pro- 
viflcd  that  in  civil  cases  three- fourths  of  a  jurv  might 
render  a  venhct.  tliat  nf)  new  trial  should  be  had  where 
there  was  any  evidence  at  all  to  sustain  the  verdict, 
and  making  oil.rr  important  changes  in  the  method 
of  aihuinistering  justice.  Constitutional  changes  should 
not  l)e  made,  except  in  deference  to  a  pronounced  and 
settled  public  opinion,  which  cannot  better  be  deter- 
mined under  our  system  than  to  re(|uire  the  action  of 
successive  legislatures  and  afterwards  a  direct  vote  of 
the  people. 

The  referendum  may  sometimes  prolitably  be  used 
in  connection  with  (piestions  affecting  municipalities 
^^h-Sie  .each   voter  has  an  appreciable  interest  in  the 
solution  of  the  (piestion  and  is  familiar  with  the  condi- 
tions upon  which  the  solution  depends:  but  as  a  step  in 
the  process  of  passing  statutes  of  the  usual  character,! 
statutes  which  create  crimes  and  provide  penalties  for 
their  violation,  or  which  have  complicated  regulations  I 
of  a   business  character,   tiie  use   of  the   referendum  ' 
would  be  \icious.     We  are  not  in  the  mass  adapted 
to  pass  upr  •    ciuestions  of  detail,  just  as  the  thousands 
of  stockholders  of  a  great  corporation  are  not  in  a 
Iiosition  directly  to  manage  its  business  alTairs.     The 
fmiction  that  \ve  can  best  exercise  is  that  of  selecting 
agents  for  that  purpose  and  of  holding  thtMn  responsi- 
ble for  results.     Upon  the  questions  relating  to  the' 
character  of  representatives,  who  are  usually  known 
personally  to  the  people,  they  have  excellent  means  for 
forming  a  judgment.     But  if  they  so  often  make  a 

177 


THE  initiativf:.  rkferendum  and  recall 

mistake  iti  tlit-ir  jud^'nicnts  of  tlic  men  they  scUit.  as 
we  must  infer  from  the  arj^'iiments  put  forward  in 
favor  of  (hrect  le^MsIation.  how  much  more  would  they 
Ih.'  apt  to  make  mistakes  iu  deahnjj  with  the  compU- 
^•»ted  (|uestion.s  involved  in  practical  legislation? 

The  referendum  takes  away  from  the  lej;islature 
Ithc  responsihility   f<.r  the  final  passage  (.f  laws  and 

jl^ermits  it  to  shift  the  hurdcn  upon  the  peoi)le.     Leg- 
islatf)rs  will  be  asked:  "  Are  you  not  willing  t,,  trust 
the  iK'ople  to  say  in  their  wisdom  whether  a  given  bill 
should  be  enacted?  "    The  prevailing  vice  of  members 
of  law-making  bodies  in  our  country  is  not  venalitv.  it 
is  political  cowardice;  and  they  will  Ik-  ready  to  take 
refuge  in  that  invitation  to  trust  the  people.     A  witty 
member  of  Congress  from  Mississippi  once  said  that 
he  usually  found  it  easier  to  do  wrong  than  to  explain 
why  he  did  right.     There  will  be  no  such  difficulty 
under  the  referendum.    The  legislator  may  dodge  the 
re.sjxinsibility  of  voting  uix)n  some  bad  but  specious 
law  where  his  political   interests  would  lead  him  to 
vote  one  way  and  his  sense  of  duty  another  way.     He 
would  only  need  to  say  that  he  believed  in  the  people, 
and  would  vote  to  refer  it  to  that  supreme  court  of  ap- 
peal.    Even  under  the  present  system  a  legislator  is 
quite  too  much  influenced  by  the  noisy  demonstrations 
that  may  l>e  made  in  favor  of  one  side  or  the  other  of 
a  pending  proposition,  and  some  of  the  worst  laws  that 

,  find  their  way  upon  the  statute-books  get  there,  not 
because  they  are  approved  by  the  judgment  of  the  leg- 
islator, but  in  response  to  what  he  thinks  may  be  the 

178 


REPRESENTATIVE  LEGISLATION 

wishes  of  the  people.  And  instead  of  voting  for  what 
he  honestly  Ixliexes  to  be  jnst  and  for  the  pnl)Hc  inter- ! 
ests.  even  against  what  may  api)ear  at  tlie  moment  to 
"  l)fMniIar  sentiment,  and  then  bravely  going  before 
his  constituents  and  attempting  to  cchtcate  them  njM.n 
the  question,  he  quite  too  often  tacks  and  goes  k-fore 
•    the  wind. 

While  the  prevailing  fault  of  legislative  Ijodics  is. 
as  I  have  said.  |)olitical  cowardice,  the  fault  of  the 
voter  is  political  indifiference.  There  are  far  too  few 
of  us  who  carefully  study  public  questions  and  try  to 
secure  exact  informatitm  about  them.  We  are  attracted 
bv  sensational  charges,  by  lurid  headlines  in  the  news- 
papers, and  by  generalities.  We  too  often  compla- 
cently accept  the  estimate  that  is  placed  upon  our  pro- 
found and  e.xact  political  knowledge  by  the  men  who 
are  asking  us  to  vote  for  them,  and  we  are  far  from 
Riving  that  serious  attention  to  the  political  issues 
which  we  bestow  upon  our  own  private  affairs. 

There  is  a  lawyer  of  very  high  standing  at  the 
bar  of  his  state  who  was  astonished  to  be  told  that  the 
House  of  Representatives  had  an  established  order  of 
business  which  consumed  the  greater  j.art  of  its  time. 
He  imagined  that  the  Speaker  had  practically  un- 
limited discretion  in  recognition.  Another  intelligent 
man  who  was  president  of  a  great  railroac'  could  not 
give  the  name  of  his  member  of  Congress,  although 
he  had  probably  voted  for  him  for  ten  years,  if  he 
had  voted  at  all.  Such  instances  are  by  no  means  rare, 
and  intelligent  people  of  that  sort  who  neglect  their 

179 


TlfF-    INITIATIVK.    RJ'rKRKN'PUM    AM)    KK(  ArX 


i. 


i  i- 


M 


public  (lutifs  often  become  the  easy  victims  uf  every 

ism  and  (him. 

'  <-  '    -  W>''*^ 

We  are  so  engrosscl  in  onr  private  bnsiness  that 
rnajiy  of  ns  j^Mve  no  attention  to  pnbMc  (ptestions.  or  we 
too  frr.piently  k'stow  njKin  the  latter  snch  sn|)errKial 
study  that  onr  action  k-comes  the  danjjerons  tbinp 
that  is  based  u\)im  little  knowledge.  'Ibis  condiiion  of 
indifference,  even  nnder  our  present  system,  produces 
notbinj:r  but  an  evil  effect  ujkju  the  character  of  laws; 
and  this  evil  cfTect  would  be  greatly  intensified  under 
the  initiative  and  referendum.  Legislation  may  be  ex- 
pected to  represent  in  the  long  run  the  fair  average 
of  the  information  and  the  study  of  the  body  which 
enacts  it.  whether  that  body  be  composed  of  f(nir  hun- 
<lred  legislators  (»r  one  hundred  millions  of  people. 

A  reform  that  is  luost  needed  is  one  that  will  make 
difficult  the  passage  of  laws,  unless  they  repeal  exist- 
uig  statutes.  The  mania  of  the  time  is  too  much  legis- 
lation and  the  tendency  to  regulate  everyb(.dy  and 
everything  by  artificial  enactments.  The  referendum 
would  not  be  likely  to  furnish  the  cure  for  this  evil, 
but  would  tend  to  increase  the  number  of  questionable 
statutes  that  would  Ix?  referred  to  the  people;  and  some 
of  them  would  doubtless  be  enacted.  If  those  who  are 
chosen  and  paid  to  do  the  work,  and  uiMm  whom  the 
responsibility  is  placed,  are  sometimes  found  to  enact 
vicious  laws,  what  would  be  the  result  if  legislation 
were  enacted  by  all  of  us  when  we  had  made  no  special 
inves'igation  of  details,  when  we  should  be  quite  too 
prone  to  accept  tlic  declamatory  ■ccommendations  of 

I  So 


REPRESENTATIVE  LEGISLATION 


the  advocates  of  legislative  schemes  and  sulHtiissively 
swallow  the  <niacl<  nostrums  that  might  Ik?  <  Itered  for 
the  diseases  alllictinj^'  the  Inidy  (xditic? 

The  most  danjieioiis  statutes  are  tliose  which  <lea1 
with  atlmilted  evils,  and.  in  order  t<    repress  them,  are 
so  hroadly  drawn  as  to  include  great  JUimhers  of  cases 
which  shouh'  n<»t   fairly  come   within  their  scope  or 
to  create  a  h.)r<lerland  of  douht  where  the  great  mass 
<tf  us  may  tint  clearly  know  how  to  regulate  our  con- 
duct in  order  that  we  may  comply  with  their  prohihi- 
tit)ns.     Just  such  statutes,  with  a  hasis  of  justice  but 
with  imperfectly  constructed  details,  would  be  most 
likely  to  prevail  upon  a  jjopular  vote.     If  the  forty-six 
states   of   tile   Union,    and   the    national   government 
which  is  the  aggregate  of  them  all,  should  have  this 
system  of  direct  legislation,  our  statute-books  would 
very  probably  soon  become  a  medley  of  ill-considered 
reforms,  of  aspirations  sought  to  be  expressed  in  the 
cold  prose  of  statutes,  of  emotional  enactments  per- 
petuating some  passing  popular  whiin  and  making  it 
a  rule  of  conduct  for  the  future;  and  the  strict  enforce- 
ment of  our  laws  would  mean  the  destruction  of  our 
civilization. 

And  then,  in  order  to  perfect  this  scheme  of  popu- 
lar government  and  to  safeguard  the  rights  of  a  help- 
less people,  in  acUlition  to  all  this,  they  ofifer  us  the 
recall.  Not  m  ,'rely  are  the  laws  to  be  directly  enacted 
bv  the  people,  but  the  execution  of  the  laws  is  to  be 
conducted  in  the  same  way.  There  would  be  tem- 
porary agents  for  the  purpose  of  governing,  but  the 

i8i 


THE   1.^.1  lATIVE.   REFERENDUM    AND   RECALL 


HI 


people  woul.l  Iinvf  rn|K?s  alw.m  tlu-ir  ncrks  an.l  at  any 
in..incnt  ilii-y  uuiild  Ih"  siiNjfct  t.»  ih.litioal  fxtimtinn. 
I  liis  powir  iiivoivfs  tin-  snp|H.sitinn  that  the  |K-.)ple  are 
"iiiniscciit  aiul  ever-watcliful. 

The  cniistitmiuii  ,,|  \ri/..na  seems  to  l»c  in  line 
with  the  most  achanini  tlinn^ht  u|H>n  this  suhject. 
I  hat  c.institntiun  provides  that  twenty  five  per  cent,  of 
the  voters  njay  institute  a  priKreedinj-  for  the  recall; 
and  wlien  it  is  inv..kod  the  tn.iii  wh.mi  they  have 
elected  to  an  ofhce  is  permitted  either  to  resijjn  in  five 
days  ..r  to  defend  himself  in  two  hundred  words. 
njM.ii  a  proceeding'  to  thmw  him  out  in  disgrace. 

In  Oregon,  it  very  rarely  hap|)ens  that  there  is  an 
election  in  which  the  defeated  candidate  <|oes  not 
receive  twenty-hve  per  cent,  of  the  vote,  and  not  infre- 
quently he  receives  nearly  one-half  of  it.  It  would  be 
a  matter  of  no  dimctilty  for  him  to  initiate  a  recall  and 
practically  to  have  the  election  over  ajjain;  and  so  we 
slinuld  have  perpetual  warfare  over  the  holdinjr  of 
ofiice.  That  result  h.is  already  clearly  deveh.ped 
where  the  recall  is  in  force. 

A  public  officer  could  not  take  the  long  view ;  he 
could  not  patiently  study  the  pro!>lems  that  confronted 
him  and  carefully  lo,,k  into  the  conoii'ons  with  which 
Ins  office  had  placed  him  in  close  contact,  but  of  which 
as  a  private  citizen  he  could  have  only  the  most  gen- 
eral knr)wle(lge.  But  he  would  need  "to  l)e  careful  to 
do  only  those  things  which  might  he  justified,  not  by 
close  insi)ection.  but  upon  the  most  superficial  view. 
The  oflke  to  which  he  has  been  elected  gives  him  an 

182 


RKPRESKXTATIVE  I.KCISF.ATION 

eltvate<I  [x.int  of  view  which  he  did  not  have  before, 
luit  he  lannot  avail  hiniM-lf  of  his  wider  ranjje  k'tan"* 
if  he  is  no  simmer  in  oHice  than  he  nuist  justify  luni- 
self  or  retire  in  .hsjfrace.  he  will  1k'  likely  to  do  the 
tiling  most  pleasinj":  to  the  prevailinj^'  fancy  and  which 
will  ailapt  itself  most  easily  to  the  momentary  condi- 
tion of  the  pnhlic  mind.  His  politiea!  interests  will 
lead  him  to  do  the  plansihie  and  easily  advertised 
tiling',  and  it  may  l>e  the  thing  that  will  really  injure 
the  |)eople. 

Whether  such  a  government  may  l)e  called  popidar 
or  not,  we  should  lx«  likely  always  to  have  under  it 
government  of  the  iM)litician  rather  than  government 
of  the  statesman.     I  have  hecn  criticised  for  using  an 
expression  similar  to  this,  as  if  I  had  implied  the  con- 
verse: that  we  now  always  have  government  hy  the 
statesman;  hut  such  an  inference  can  Ix-  drawn  otdy  hy 
a  careless  or  an  unscrupulous  thinker.    That  we  some- 
times have  government  hy  the  statesman  is  undeniable; 
hut  that  our  government  is  perfect,  nobody  would  pre- 
tend.    Kdmun<l  Burke  asserted  in  effect  the  same  thing 
at  a  time  in  his  career  when  he  was  the  most  liberal, 
as  he  was  always  the  most  philoso[)hical,  of  f'.ritish 
statesmen.     In  api)ealing  to  his  constituents  for  the 
right  of  a  representative  "  to  act  upon  a  very  enlarged 
view  of  things,"  and  not  to  look  merely  to  "  the  flash 
of  the  day."  he  declared :     "  When  the  popular  niem- 
l)er  is  narrowed  in  his  ideas,  and  rendered  timid  in  his 
proceedings,  the  service  of  the  Crown  will  be  the  sole 
nursery  of  statesmen."     According  to  Burke's  view, 

183 


1:1 


THE   INITIATIVK.   KKIKKI-NDUM    AM)   RKCAU. 

the  CMn>lam  rfs|).)nsc  l<>  the  fKipiilar  nuwxl  would  at 
least  l»anish  staiesiiu-ti  fi.uji  tlu-  st-rvia*  n|  the  iK'oplc. 
if  it  (lit)  not  limit  it  to  the  |H>|itJiiatiH. 

It  is  not  (htVinilt  to  liiin  ,  ck  to  the  stipreine  crises 
in  .\ni»rie;in  hisiory.  \sheii  itN  j^reatest  tij^iires  were 
heroiiaify  stniitfvjhi!'^'  f..r  what  thes  ^a\\  to  he  for  tlie 
iiitereM>  of  iluir  rotuitry.  and.  if  tlic  |>olicy  of  the 
recall  had  Uen  in  force,  to  sec  how  the  whole  course 
of  history  tnij^ht  have  heeii  changed,  aiul  how  ambi- 
tion and  envy  niiKhi  ha\i-  ntih/e.l  a  temporary  nn|H)p- 
ularity  to  terminate  some  splendid  career. 

As  an  ilhistratioii.  take  I  inc. .In  in  the  earlier  days 
of  his  administratinii.     The  disastrous  defeats  tlial  the 
Union  ;irm>  had  suffered  liad  heeii  relieved  only  hy 
slight  successes.     Lincoln  scarcely  had  a   friend  even 
in  his  own  cahinet.     Seward  was  willing  to  take  him 
under  guardianship  and    run   the   country    for   him; 
Stanton  had  written  of  the  "  iinhecihty  "  of  the  ad- 
ministration; C  iiase  was  (piite  ready  to  he  a  candidate 
for  the  presidency  himself;  the  ;il)(.litinnists  were  un- 
sparing in  their  criticism;  the  gre.it  organs  of  [nihiic 
opinion  were  hostile  U>  him;  and  there  can     e  little 
douht  thai,  if  a  proceeding  for  recall  .   .uhl  '  ive  Ijeef- 
had  ag;:inst  him  at  the  moment  when  he  was  envel- 
oped in  the  clouds  of  unijopularity.  the  career  o!  the 
greatest  of  Americans  would  have  been  brought  to  a 
disgraceful  en. ling,  with  results  t(»  civilization  which 
it  is  melancholy  to  contemplate. 

And    then    we   are  to   ha^e   the   recall   of  judges. 
The  enforcement  of  laws  by  jn.lges  subject  to  pcjpular 

i«4 


^r 


REI'RMSKN'TATIVE  LEGISLATION 

mall  woiiM  Ik-  likely  t..  Ik-  quite  in  kcei>inK  willi  the 
character  of  the  lauH.  if  they  had  :.eeri  enacted  nn.ler 


the  initiative  ami  referendiiin,      If 


we  are  to  have  all 


Ihr  oilur  tliiiii;>,  the  initiative,  the  referen.lnm.  and 
tlie  recall  ui  |M)litical  niVicers.  thrre  woi.I.l  Ik-  thin 
reason  for  hiving  the  jn«licial  recall.     It  would 


pletc     and     make     e\<|nisite     the     I 


CoMJ- 


larmony    of    thi<i 


dr>niirtive  system.  The  two  ftnidaniental  things  in 
he  d.  velnpniei.t  ..f  Kn^lish  liherty  were  the  free  jwr- 
liaiiunt  chostii  hy  the  people  and  iiideiH'iident  of  the 
crown,  and  the  independence  of  the  jndiciarv.  which 
had  held  its  tenure  only  at  the  royal  pleasure  The 
first  Kreat  ste|»  for  the  in<lei)endencc  of  Parliament 
was  uun  at  Rnnnymede.  and  the  most  signal  result 
of  the  Revolution  of  r6H.S  was  the  estahlishment  of 
the  indepimlence  of  the  judiciary. 

I'ivery  schoolhoy  knows   tlu    storv  of  the  hloody 
assizes,  the  hiack  jti.licial  murders,  the  gross  travesties 
of  justice  which  were  seen  under  the  old  svstem.  when 
tlic  judges  held  their  olVice  suhject  to  the  fav<,r  of  the 
wti.     It  was  Willy  after  tiie  revolution  that  I'jiglish 
c.urts  hecamc   the   real   theatres  of  jnstice.   and  the 
weight  of  the  law  and  the  evidence,  and  not  the  fear 
•d  a  master,  determined  the  decree.     But  the  recall  of 
judges   wonid    make   them   ...i   the   instant    suhject   to 
aunfher  mastf.      The  judge,  in  or<ler  to  feel  secure  in 
In-  oftae.  w     Id   have  to  ojusult   the  popular  omens 
rather  than  t    c  sources  of  the  law.     Instead  of  lo.^king 
to  the  drift  of  the  authorities,  he  would  l)e  likely  to 
■^tn.ly  the  direction  of  the  p..pnlar  winds.     If  in  some 
13  ,85 


THE   INITIATIVE.   REI  EP     <DUM   AND   HECALL 

juilicial  .llHtrict  a  stfuiijr  !.,f>„r  union  .  r  n  K'reat  cr- 
|H,r  ion  should  ti«.i.|  the  I  lance  ..f  |K,lit,(al  iK.uir.  ihe 
c.urt.H  in  that  .liHtricl  wouM  be  likd)  to  become  uK-re 
•tistniincnt*  of  oppression. 

Mtit  if  wc.  the  iKoplc.  are  so  jK-rfcct  that  wc  can 
'lo  n.)  wronK.  even  though  \vc  are  Ruiliy  of  no  investi- 
Kation,  ami  c.mj  with  wImIohi  assume  directly  to  enact 
^   and  enforce  our  laws,  whai  reaso"  i«  there  why  there 
slu.ul.l  Ir.  .n„y  constitutional  re  „,K)n  ..ur  ;.ction. 

and  why  should  we  l»c  hamiKi  ij,  statutes  or  con- 

stnutions  even  of  our  own  nuikuijr?  Why  not  have 
the  present  entirely  free  from  restraints  ifn|H)sed  hy 
the  past  ?  \\  hy  not  |)ermit  us  in  our  onuiiiM)tent  wis- 
dom  to  decide  each  case  u|K,n  its  .,wn  merits,  cunsid- 
cru.g  only  the  inherent  principles  of  abstract  justice, 
which  in  our  o.Hective  capacity,  according  to  our  flat- 
terers, wc  must  of  course  tl^rouKhly  understand? 

The  .lemocracy  of  Athens  at  last  attained  to  this 
altitude,  where  the  sublimated  "composite  citizen" 
st.xxl  forth  ui  ottered  and  showed  what  he  could 
really  do.  In  l  latter  day.,  of  that  city  the  action  of 
her  iK'opl..  V^ai.ie  .so  direct  that  in  a  single  abhorrent 
decree.  d:^rcKarding  what  was  left  of  their  constitu- 
m.  they  ..dered  six  of  their  generals,  among  them 
U..  son  of  Pericles,  to  Iw  execute<l.  I)ecause.  although 
victorious  over  their  cncnu"es  in  the  days  when  Athe- 
nian vict<.ries  were  few.  the  .success  had  not  been 
achieved  without  cost. 

Those  who  advocate  the  direct  action  of  our  «rreat 
democracy  might  study  with  a  good  deal  of  profit  the 

186 


'til 


REr'RKSKVTATIVE  LEGISLATION 

hUtor>   of  ,1,,,  fj,„e  state  to  which  I  have  j„s,  In-en 
referring.     >  .j  ,„„n-  hnlli.uit  |Kop|p  ever  existed  than 
the  .Athenian  ,»...,,k-.     They  had  ..     .  m..,s  f».  t,..vrrn- 
nient.       I  he  c.,nHn..n  tttni   was  al.ic   t.,  •  (|,j„k    n  ,- 
IHTially."     Their  ^reat    |.hil.,v,pher.    Arisfutle.   n,„|.| 
^M'l  sjHrak  ..f  the  Athenian  as  a  |H.htical  annnal     They 
achieved  a  .levelu|,nient   in   hteratnre  and    irt   which 
pruhahly  ha»  never  since  Inren  reache.l.     Thev   cnhl 
h<.ast  ui  orators  and  philosophers  to  uhich  tliosr  n{ 
tH>  other  nation  can  k-  conipare.I.     \Vc  marvel  uhen 
we  ccnsMh  r  the  surviving  pr.H.fs  of  their  civih/ation 
But  when  they  (h<l  away  with  all  restraints  npon  »heir 
direct  action  in  the  making  an.l  enforcement  of  laws 
in    admimsterinjr   justice   and    in    .eKuh...,K    foreiLm 
affairs    their  greatness  was  so(m  hr.H.Rht  t<,  an  end 
and    they    hecame    the    victims   of    the    most    <H|ious 
tyranny  to   which  any   ,>eople  can  be   siihjecte.l    the 
tyranny  that  resnits  from  their  own  unrestraine.l  an.l 
unr)ri<lled  action. 

It  is  said  that  the  history  of  those  distant  times 
can  present  no  n.seful  precedent  for  our  own  guidance- 
but  m  what  resjH'ct  is  human  nature  different  to-day  > 
Whatever  new  stars  our  telescopes  may  havo  discov" 
ered.  whatever  new  inventi..ns  may  haxe  beer,  hroug!  t 
to  hpht.  an<|  whatever  a<lvances  may  have  Wn  made 
»n   scetitihc   kn.,wledge.    the  mainsprings   of   human 
action  are  substantially  the  same  to-day  that  thty  were 
m  the  time  of  the  Greeks.    We  should  be  rash,  indeed 
to  assume  that  we  shall  succeed  where  they  failed  and 
that  we  can  disregard  their  experience  with  impunity 

187 


;!■« 


THE  INITIATIVE,   REFERENDUM   AND   RECALL 

Rtit  wc  are  told  that  the  crime  of  our  age  is  tlie 
inonhnati-  love  of  wealth,  and  that  to  protect  ourselves 
from  its  evils  we  must  set  aside  our  existing  institu- 
tions.    Hut  is  the  love  of  wealth  any  new  thing?    The 
greatest   of   ancient   statesmen   were   accused   of   the 
grossest  forms  of  hrihery.     Thousands  of  years  ago 
the  love  of  money  was  declared  to  he  the  ro.)t  of  all 
evil.     It  is  not  the  fault  of  an  age  to  he  satisfied  with 
itself.     Poets  have  always  heen  singing  of  a  golden 
age.  and  they  have  placed  it  sometimes  in  the  past, 
sometimes  in  the  future,  hut  never  in  the  present.     We 
may  go  back  almost  to  the  oldest  of  poets.  Hesiod,  and 
we  shall  find  him  placing  the  golden  age  far  back  of 
his  own  day.  while  his  own  time  he  pictured  as  one 
stauied    with   plundering,    with    envy,    brawling,   and 
perjury.     Horace  in  a  lively  ode  sought  a  poet's  escape, 
and  called  upon  the  Roman  citizens  to  abandon  their 
wicked  country  and  set  sail  for  the  mythical  islands 
which  Jupiter  had  set  aside  when  he  stained  the  golden 
age  with  brass  and  hardened  the  brazen  ages  into  iron. 
And  tho.se  islands  were  no  more  mythical  than  the 
refuge  from  our  own  crimes  which  the  inventors  of 
the   initiative,    the   referendum   and   the    recall    have 
pointed  out  t(j  us. 

In  what  respect  should  we  have  been  better  if,  dur- 
ing the  amazing  physical  development  of  the  last  two 
generations,  we  had  had  direct  democratic  govern- 
ment? It  cannot  be  contended  that  our  legislators  did 
not  represent  the  people.  If  they  had  attempted  by 
their  votes  to  repress  the  universal  sentiment  for  indus- 

i88 


Im 


REPRESENTATIVE  LEGISLATION 

trial  expansion,  they  could  not  have  remained  in  office. 
The  people  of  the  towns,  even  of  New  Kngland.  were 
found  voting  bonds  as  bonuses  for  the  building  of  rail- 
roads and  exemptions  fn.m  taxation  in  order  to  secure 
manufacturing  |)Iants.     And  in  the  gn.wing  West  the 
sentiment  for  empire  and  expansion  was  so  strong  that 
cittes  and  towns  were  bidding  against  each  other  in 
the  ofTer  of  gratuities,  and  if  it  had  not  been  for  the 
occasional  conservatism  of  legislatures  and    for  the 
issuing  of  injunctions  by  judges,  who  under  the  recall 
woidd   quite  likely  have  been  thrown  out  of  office, 
our  western  country  would  have  been  covered  with 
communities  which  had  made  themselves  bankrupt  by 
the  gratuitous  issue  of  bonds  in  aid  of  factories  and 
railroads:  and  we  should  probably  not  have  attained 
anything  approaching  our   present   development   be- 
cause of  the  check  that  would  inevitably  have  come 
through  the  gross  corruption  of  the  system. 

The  advocates  of  direct  government  cite  the  exam- 
ples of  Oregon  and  Switzerland,  where  they  point  to 
results  with  an  eloquence  nowhere  else  to  be  found 
outside  of  a  mining  prospectus.  Perhaps  I  have  al- 
ready referred  sufificiently  to  Oregon.  One  must  be 
easily  satisfied  who  can  be  convinced  by  a  careful 
scrutiny  of  results  in  that  state,  even  though  the  ex- 
periment has  been  tried  among  her  intelligent  people. 
Switzerland  is  a  small  country,  scarcelv  equal  in  area 
to  some  of  our  American  counties,  and  a  large  propor- 
tion even  of  that  small  area  is  covered  by  uninhabit- 
able mountains.     The  population  is  thrifty  and  con- 

i8g 


If! 


,M 


THE  INITIATIVE.  REFERENDUM  AND  JIECALL 

servativc  and  larjrely  devoted  to  the  work  of  caring 
for  the  vast  nunil>ers  of  tourists  who  annually  visit 
the  country.    The  conditions  as  to  complexity  of  indus- 
try  are   radically   diflfercnt    from   those   existing   in 
America.     But  w!,ile  Switzerland  is  one  of  the  coun- 
tries best  adapted,  as  we  certai.ily  are  one  of  the  least 
adapted,  to  the  operation  of  the  initiative  and  the  ref- 
erendum, the  results  there  are  not  such  as  to  justify 
their  adoption  in  any  other  countrv,  if  we  may  credit 
the  report  made  to  the  State  Department  bv  our  vice 
cotTsul  at  Berne,  and  presented  to  the  Senate  by  Mr 
LaFollette  on  July  13,  1909.    The  rcfwrt  says : 

"  The  great  questions  of  centralization,  civil  status 
laws  of  marriage  and  divorce,  bankruptcy  laws    the 
customs  tariffs,  the  railroad  purchase,  employers'  lia- 
bility, factory  laws,  unity  of  the  conflicting  cantonal 
civil  and  criminal  laws  into  a  federal  code,  the  mili- 
tary   organization,    the    pure-food    law.    etc..    all   of 
which    are    things   of    the    past,    were    congressional 
measures.    It  may  safely  be  said  that   the  initiative 
can  be   of  decided   and   positive   value   only   in   dis- 
tricts small  enough  to  enable  the  average  citizen  to 
form  a  conscientious  opinion  upon  projects  of  such 
ocal  significance  as   to  be  well  within  his  practical 
knowledge,  but.  in  addition,  he  must  exercise  his  dutv 
as  he  sees  it  at  the  polls.    With  a  comparatively  smail 
number  of  signatures  requisite  for  an  initiative  meas- 
ure, its  danger  lies  in  the  fact  that  it  may  easily  be 
prostituted  by  factions,  cliques,  malcontents,  and  dem- 

190 


REPRESENTATIVE  LEGISLATION 


agogues,  t(j  force  uiK)n  the  people  projects  of  partisan, 
freak,  or  unnecessary  legislation." 

As  to  the  referendum,  tiiere  is  no  other  veto  power 
in  Switzerland.  While  it  is  not  so  intelligently  exer- 
cised as  it  would  be  by  an  upright  executive,  yet  it  has 
occasionally  proved  an  important  check.  The  most 
striking  general  result  is  seen  in  the  relatively  small 
number  of  voters  who  will  vote  upon  laws;  and  while 
statutes  have  been  passed  to  compel  voting,  their  pro- 
visions have  simply  increased  the  grej^t  number  of 
blank  votes. 

The  most  serious  tendency  under  our  present  sys- 
tem is  seen  in  the  multiplication  of  statutes,  which 
threatens  to  destroy  liberty  and  even  to  engulf  our  civ- 
ilization.    But  much  of  this  legislative  rubbish  is  the 
product  of  those  who  are  given  to  exploiting  them- 
selves as  the  especial  champions  of  the  people  or  is 
the  result  of  the  readiness  of  the  legislator  to  respond 
to  what  he  thinks  is  the  popular  demand.    The  mem- 
ber who  is  most  disposed  to  cast  a  negative  vote  is 
stigmatized  as  a   reactionary.     It  is  not  difficult  to 
place  the  most  immature,  visionary,  and  apparently 
popular  schemes  upon  the  statute-lx>oks  of  some  of  the 
oldest  and.  until  recently,  most  conservative  states  of 
the  Union.    In  one  historic  commonwealth  the  princi- 
pal avocation  of  the  people  soon  promises  to  be  poli- 
tics, assuming  that  they  shall  pay  due  attention  to  their 
political  duties,  and  the  next  "  reform  "  will  not  un- 
naturally be  the  passage  of  a  law  to  pay  the  voter  out 

191 


»  7I 


J, 
h  41 

n 


THI-    IX!-|    ATIVE,   REI'ERIiXDL'M    AND   RECALL 

'»'■  the  puMiV  tivasury  f..r  the  .lemaiul  made  iip.,n  him 
in  hstcnin^',  thnm^h  each  reciirriiiK  summer,  to  the 
wwisijr  „f  sdt-o.nstitmed  can.h.lates— an.l  (hne  can 
well   he    n.i   ,.iher   caiKh.hilo;    in    vntinj;    upm,   tlieir 
claims:  an.l   linally.   in    fnlluuin.i;   the  campait^n  cnn- 
<lticte.l  l.y  the  |    rties.  an.I  in  vntin^  in  the  chict  dec 
tinn.     The  essential   remedy    l,,r  clieckm-  legislation 
would  seem  t..  he  the  e<hicat.nn  nf  the  pe..ple  so  that 
they  will  present  a  lM,dy  ,.f  s.,,  .,d  and  definite  opinion 
to  whieh  the  representative  may  respond.     This  work 
must  Ik-  d„ne  l.y  the  people  Mi.mselves.  and  it  c.n  l,c 
aide.1  p:reatlv  l,y  the  newspapers  if  thcv  will  pander 
less  to  sensati.malism.  indulge  less  in  defamation  of 
the  agencies  of  government,  and  seek  io  become  the 
veracious  chroniclers  of  their  times. 

We  should  not  experiment  lightlv  with  the  funda- 
mental principles  of  our  t-uvernment  and  trust  to  our 
good  fortune  to  escape  danger.     Tt  is  uell  to  be  an 
optimist,  at  least  so  far  as  faiih  is  concerned,  in  the 
hnal  triumph  of  ^nud  in  the  universe;  hut  we  should 
be  caretul  not  to   follow  to<.  willinglv  tho.se  profes- 
sional   optimist-    and    political    Micaui.ers    who    are 
always  .sm-e.  in  whatever  condition  of  danger  we  put 
ourselves,  that  somethir.g  will  turn  up  to  our  advan- 
tage.   One  of  ihe  most  radical  mistakes  our  nation  has 
ever  made  was  contributed  to  in  h^<rc  measure  by 
well-meaning  people   who   employed        ogiums   upo^ 
their  own  optimism   instead   of  argu.uents,  and   de- 
nounced as  pessimists  th,;se  who  did  not  cheerily  agree 
with  them.    Faith  that  things  will  ultimately  come  out 

192 


RF-PRESF.Nn-ATFVF.   LEGISLATION' 

wtll  .I..es  n,,t  mean  that  we  may  recklessly  lake  tlie 
next  step. 

It  sli.uild  Ik-  muemheml  tliat  civilization  has  s.,nie- 
tinies  moved  hackuunl  for  a  time,  that  lilK-rlv  has  heen 
snhmerjjed.  an<|  tliat  ^reat  an.l  poweifnl  nations  have 
heen  hronj,d.t  to  nan;,d.t.     Instea.j  of  chani;ing  ..ur  sys- 
tnn  of  ,n'vernmeiit   hecause  of  the  existence  of  evils 
;vhich  have  existed  since  the  hcKinnin^^  of  time,  an.l 
instead  ..f  attcmptin^r  to  seek  refn^e  in  a  (lema^M.jjne's 
para.hse,  onr  people  shonid  he  incited  to  stndy  closely 
the  prohlems  of  governnient.  to  set  higher  standards 
for  their  own  conduct,  with  the  result  that  higher  stand- 
ards will  he  followed  l,y  their  chosen  a.i,rents ;  and  there 
IS  no  evil  for  which  the  initiative,  the  referendum,  and 
the  recall  are  proposed  as  a  reinedv  that  cannot  effect- 
ively he  dealt  with  under  our  repuhlican  institutions 
without   the  disintegration.  dem..raHzation.  and  ulti- 
mate destruction  of  rej^nilated  lihertv  and  of  individual 
rights  likely  to  follow  from  the  application  of  those 
reactionary  i>olicies.  just  as  they  haxe  followed  them 
vhen  apphetl  upon  a  large  scale  in  histcjry. 


I: 

ff! 


O 


11 

f  I 

1  •  » 

It  -  i 


CllAI'TI-R  VIIF 


A   DEFENCE   OF   DIRECT    LEGISLATION  ' 

Intelligent  and  profitable  discussiun  of  practical 
problems  of  social  or  governiiK'ntal  iniprovciiK-nt  must 
include  full  recognition  and  due  consideration  of  the 
forces  controlling  human  action.    Society  and  govern- 
ment are  purely  organizations  of  human  beings,  and 
their  limitations  and  possi!)ilities  are  measured  by  the 
average  of  individual  development.     The  desideratum 
IS  to  give  the  greatest  freedom  to  beneficial  inlluences. 
and  to  restrain  all  tendencies  toward  evil  influences.' 
Successful  and  permanent  government  must  rest  pri- 
marily on  recognition  of  the  rights  of  men  and  the 
absolute  .sovereignty  of  the  people.     L'pon  these  prin- 
cij)les  IS  built  the  superstructure  of  our  republic.   Their 
maintenance  and  perpetuation  measure  the  life  of  the 
republic.      These   policies,    therefcjre,    stanc.    for    the 
rights  and  liberties  of  the  people,  and  for  the  power 
and  majesty  of  the  government  as  against  the  enemies 
of  both. 

Delegated    government    exists    where    the    public 

'  By  Senator  Jonathan   Bourne,  Jr.    Reprinted,  by  permissbn^ 
irom  the  Atlantic  Monthly,  January,  1912. 

194 


n 


I 


A   DEFENCE  OF   DIRECT   LEGISLATION 

servant  owes  his  nomination  and  election  to  known 
individuals— political  bosses,  caucus,  convention  and 
legislative  managers,  or  campaign  contributors— thus 
establishing  pers(.nal  obligations  and  accountability, 
resulting  in  service  for  selfish  interests.  Popular  gov- 
ernment exists  where  the  public  servant  is  luider  ol)- 
ligation  to  and  sok-ly  accountable  t.,  the  composite 
citizen,  individual  unki.own.  This  necessarily  results 
in  public  service  for  the  general  welfare,  and  not  for 
any  selfish  interest,  the  public  servant  realizing  that 
otherwise  he  must  be  recalled,  or  will  certainly  fail  of 
reelection. 

Because  society  and  government  should  be  based 
upon  a  full  recognition  of  the  elemental  forces  con- 
trolhng  human  action,  I  urge  the  reader's  careful  at- 
tention to  my  analysis  of  these  forces.  I  assert  that 
either  impulse  or  deduction,  followed  by  conviction, 
controls  all  human  action.  If  the  individual  be  con- 
fronted with  the  necessity  for  immediate  action,  then 
impulse  arising  from  emotion,  such  as  love,  hatred, 
anger,  sympathy,  sentiment,  or  appetite,  is  the  deter- 
mining force.  But  when  the  individual  has  days, 
weeks,  or  months  to  consider  his  course,  then  deduc- 
tion, followed  by  conviction,  is  the  determining  force. 
Without  vonviction,  there  will  be  no  action. 

Individual  action  should  be  guided  by  reason,  but 
is  frequently  emotional.  Community  action,  as  in  an 
election,  must  be  based  upon  conviction  resulting  from 
analysis  and  deduction. 

I  assert  that  self-interest  is  the  force  controlling 

I9S 


;n 


Tin:   FMTIATIVK.    RKFERKNDLM    Wf)   RI-XAIJ. 

every  fnturo  or  i>ost|)..nnl  action  of  the  in.livi,|„al— 
n..t  iKHcvsarily  aluay.  svU\sh  intrri-M.  for  v„„clinies 
the  imlivHinal  is  satislicl  with  his  partiripali-m  ii.  the 
"uprovnl  -eneral  welfare  imi.l.nt  to  ,he  adi..,,  (ic,,- 
oially.  however,  the  imhvi.hial's  aetio,,,  u  h.-n  nnre- 
;'traine.|.  is  jroverne.!  hy  his  ou„  selfish  ai,.|  .Kjrsonal 
iiileresl. 

No  two  people  i„  (he  worl.j  are  exaitiv  alike-  om- 
scinently  each  indivi.h.al  has  a  .litlferent  poi„t  nf  view 
<»r  idea  as  to  what  constitutes  his  ow.i  particuar  per- 
sonal or  selfish  interest.     Where  individuals  act  cl- 
lectuely  or  as  a  coninuii.ity— as  thev  must  under  the 
initiative,  referen.luin  and  recall~an  infinite  lunnher 
of  different   forces  are  set  in  motion.  „,ost  of  tluni 
selfish,  each  strupjjlinp  for  supremacy,  hut  all  difTer- 
eiit  Jm-ause  of  the  difTerence  in  the  pJrsonal  e,,uatio„s 
of  the  difTerent  indivi.luals  cnstitutinj;  the  cmimu- 
mty.    Because  ..f  their  difTerence.  friction  is  create.!— 
each  different  selfish  interest  attacks  the  others  hecause 
of  Its  difTerence.     No  one  selfish  interest  is  powerful 
enouRh  to  overcome  all  the  others;  thev  must  wear 
each  other  away  until  j^eneral  warfare. 'accrdin,-  to 
•he  views  of  the  majority  acting,  is  substituted  for  the 
individual  selfish  interest. 

If  all  the  individual  units  oi  society  were  alike 
then  selfishness  would  d.-minate  not  only  the  indi- 
vidual hut  the  community  action  as  well.  Rut  so  lon^r 
as  no  two  people  are  alike,  just  so  lon^r  will  selfishness 
dominate  the  individual  if  permitted  to  act  indepen- 
dently, while  general  welfare  must  control  all  com- 

196 


A   DEFENCE  OF   DIRECT  LEGISLATION 

imuiity  acti..n;  f..r  if  the  individual  cannot  stvnrc  the 
K ratification  of  his  own  seltinh  «lesire.  thi-n  he  must 
rest  satistit'd  with  the  improvtMl  jrenfral  wi-lfarc  in 
which  lif.  as  ..m-  of  the  units  of  the  community,  is  a 
|iro|)ortional  participant. 

I  his   loj^ic  apphfs   to   a  community  or  a   class. 

liKkr  the  initiative,  referendum  and  recall  there  can 

I'e  no  class  or  cnmuinity  action  ajjainst  the  general 

welfare  of  the  citizens  ccmstitutinK  the  zone  of  action. 

'Phe  individual,  through  realization  .,f  the  imiKJSsibil- 

ity   of   securin^r   special    legislation    for   himself   and 

a^aii  si  the  -eneral  welfare  of  the  comnuinitv.  soon 

ceases  his  HTorts   for  special  pri  •'      •  and  coments 

hm.self   with  elTorts    for   in.prow..   ...neral   welfare. 

'Ihus   the   individual,   class   and   community   develop 

aloUK  lines  of  ^rt.,u..ral  welfare  rather  than  along  lines 

of  sellish  interest. 

In  further  refutation  of  the  unwarranted  fear  of 
hasty  or  imwise  community  action.  I  assert  that  no  in- 
dividual  will  ever  vote   for  or  willingly  assent  to  a 
change,  unless  satisfied  that  the  chanj^e  will  tlirectly 
heneflt  him  individually,  or  that  the  action  will  brin^' 
nnproved  general  welfare  to  the  community,  in  which 
event  he  is  .satisfied  with  |)roportional  participation  in- 
cident to  that  improxement.     In  other  w..rds.  commu- 
nity action  determines  the  average  of  individual  inter- 
ests, and  secures  the  greatest  giu,d  for  the  greatest 
number,   which  is  the    iesideratum  of  organized  so 
ciety. 

Hence  I  again  assert  that  because  of  t*---    '.,r  es 

197 


THE  INITIATIVE.   REFERENDUM   AND  RECALL 


n 


contrnllinj,'  all  Imuian  action  the  jK-npIc  cannot  inulcr 
the  initiative  enact  legislation  against  >,'eneral  welfare 
or  in  fasor  ..f  any  selfish  interest,  nor  will  they  select 
any  pul.lic  servant  who,  in  their  opinion,  will  U-  <|.)nii- 
nate.l  liy  any  selfish  interest.  'rhonj{h  I  ^raiit  they 
n)ay  make  a  mistake  in  select  injr  pnhljf  servants.  I 
asst-rl  that  they  will  not  make  the  sanie  mistake  twice 
in  the  sante  in.lividual :  that  is.  nnder  an  efVicient  direct 
primary  law  and  cormpt  practices  act.  the  (K-ople  will 
not  renominate  an  individnal  who  has  failed  to  serve 
faithfully  the  community  he  represents. 

I  have  demrmstratcd  that  under  the  initiative  and 
referendum  the  people  cannot  legislate  a^ainsl  the  gen- 
eral welfare,  and  hy  the  same  lo^ic  I  assert  that  under 
the  recall  tlic  people  uJH  „ever  recall  a  puhlic  servant. 
ju<licial  or  otherwise,  who  serves  the  >;eneral  welfare. 
T..  eluci.late  the  suhject.  I  shall  give  a  few  con- 
crete illustrations.     Sup|H)se  that  in  a  city  of  twenty- 
five  thousand  inhabitants,  where  there  are  four  thou- 
sand  voters,  a   private  corjioration  owns  the  water 
system  and  charges  cxi.rhitant  rates  for  the  service. 
The  self-interests  of  probably  twenty  thousand  of  the 
inhabitants  would  rc<piire  nnmicipal  ownership  of  the 
water  system  as  a  means  of  improving  the  service  and 
reducing  the  cost,  but  the  self-interests  of  perhaps  five 
thousand  of  the  inhabitants  require  continuation  of 
private  ownership,  because  these  individuals  are  either 
stockholders  in  the  a.mpany.  employees  of  the  com- 
pany, recipients  of  business  patronage  from  the  com- 
pany, or  political  iH-neficiaries  of  the  system  of  private 

iy8 


A  1>  :FEN(E  of   niRKCT   I.Kr.ISI.ATION 


•AvncrHliii  These  few  iiulivJdiinl  silf-jnttrcst*— un- 
•lir  the  exi  tinjr  v'^tem  of  lonventjon.  nomination,  aiul 
leKislation  lironuh  a  nty  conm  il-arc  ahlc.  through 
itminA  of  ,  he  press  ami  the  manipulation  of  nonii- 
iMtions  an.l  lumicipal  leKislali..n.  to  present  or  .May 
the  t iyort>  ot  the  vast  majority  to  than^e  the  system 
to  one  of  pnlil  0  ownership. 

ln»ler  tlu-    initiative,   which   would  pernjit  .lireet 
i"n  '.n      <•  subject,  this  cpiestion  coul.l  lie  sul»- 
'  ''•    '  ^         '*f  ••«"  the  (pialined  electors.     Ap- 

I  till    imn.     If  i  Ir  ve  fully  stated  in  the  forc- 

^  '•'"^     '■•'I'J'      \vl  rn   this  question  came  up    for 

li  JKiii.    ,  In  I       voters  there  would  |,e  ciillict  Ih«- 

'  ..  (Ik-  Mf  nil- resfs  nf  the  individuals,  hut  during' 
cam  nun  pre  ary  to  the  election  the  subject 
''*'  "'^«  '     "'    considered  in  all  its  l)earings. 

4ch  HHlr   hiual   u    ul(!  make  his  own  deductions  as 
..  hi-  Of,  stJimercsi   and  the  ^meral   welfare  of 
^mttnt'v      vith   the   result    that   selfish   interest 
.}»   iway  and  the  ^'reatest  j.,r.MM|   for  the 
u.  till*'    secured.     Tnlcss  a  maj.iri{y  of  the 
re  c.       meed  that  public  ownership  would  l)e 
.  the  proposal    for  public  ownership 
».  !  ed. 

i-.netits  of  i«)pular  tj<.vcrnment  asserting 


the 

gre: 
vote  J 
to  tl 
Wouhl   I 
I   tu  !r 


that  th,  i)e.,j.Ic  I. n^ht  Ik-  misled  and  act  unwisely  on 
a  (|uestion  ..f  th-  kind,  and  I  reply  that  they  are  the 
best  judges  of  tl  r  own  sclf-inferest  and  have  a  ri^ht 
as  sovereign  citizens  to  determine  the  policies  of  their 
government.     They  will,  at  least,  act  honestly,  which 

IQQ 


U  i 


THE   IMIIATIVK.    kl.l  KKKN'DIM    AM)   kl-t  ALL 

cami'.t  always  U-  »ai.|  fur  liiy  n.muils  inihitiui'.l  by 
tin-  |H.\\fr  oi  a  piihlu-  H'r\i«f  o.r|M.ralinii  ami  |.r.i- 
ftntcl  |,\   III,'  silciuf  or  artivi-  .U-iiiuf  ..f  a  snl.M.li/..| 

At  this  place  in  my  ilisciiN>i,„i  ,,|  th,-  praiiiial 
operation  of  popular  >io\irtiiiuiii  |  .U-,.,,,  jt  appro- 
priiiU-  to  explain  that  this  arii.h-  i>  lUsi^nnl  primarily 
as  an  an^M-r  to  an  artiiU-  l.\  k»prrMiiiaiiM'  Saimu'l 
W  .Mi(  all  It  i>  my  ni(|»a\t,r.  Iioutvi-r,  to  makt-  this 
artiilf  iomplttf  in  iImIi.  .,n.|  I  vhall  nfti  to  Mr  Mr- 
I  all's  artiilc  only  ^o  far  ns  is  miv^sary  in  onl-. 
formt    a    few   errors   into    uhuh   lit-   ha-,   a,  iv 

fallen  *-^ 

The  failurt-  of  Mr.  Mi  (all  to  compnluml  the  prac- 
tiial  operation  <.f  the  initiative  aii.l  referendum  is  jl- 
Instrate.l  l.y  his  lefereiue  to  the  Colnml.ia  River  lish- 
fries  le.yislation  as  a  ra^e  in  whuh  tin  system  worke.l 
unsatisfaetorily.  Ilvi.jentlv  vviiiiont  knowing  he  was 
•  lomy  so  he  litt-.l  an  nn.niestionahle  insiame  of  the 
i-limination  of  seliishness  an<l  the  snl.stitntion  of  gen- 
eral uelfarf.  I  e  rase  referie.j  lo  was  the  snhnn'ssion 
<'f  two  voluml.ia  River  lisherv  hills  to  the  people  of 
Orei^on  in  i.x)S.  The  rival  tishinu  interests-  the  ^'ill- 
iK't  lishernu-n  on  the  lower  river  and  the  Irsh- wheel 
operators  on  the  npper  river- ha.I  eondiutnl  their 
work  so  effVitively  a^  to  threaten  niin  of  the  industry 
by  (lestriKtion  of  the  t'l^h  he  fore  they  K.nid  reach  the 
natural  spawnini:  t^ironnds  Almost  everv  two  years 
the  rival  (ishini;  interests  had  carried  their  fiuh»  to  the 
>tate   let;islatnre,   and   the   Icj^islatme    faile<     .•     <.     .■  r 


iilf 


A  DEFENCE  OF   DIRECT  LEcilSLATfON 

any  atk<|iiate  liK'isIatic.n  for  the  protectu.n  of  ihc  naJii- 
ral  supply  of  tUh.      Ihe  state  was  tnaintjinitj^r  hatch 
fru!»  for  the  artificial  proiiajjatioii  of  Halmoij.  but.  iiol- 
vv  ithNtamhiiK  the  maintenance  of  this  work,  the  ti^h 
supply  was  stca«lily  Wiininishinj;. 

Iiclievin|{  that  llicy  o.uld  pr«»niote  their  own  *e'- 
fish  interests  and  eliniinatc  tluir  rivaU  by  res..rt  to 
the  initiative,  the  tishwiuel  t)ptrator»  »»f  the  up|)er 
river  projM.sed  a  hill  practically  prohibititifr  tri||.,Kt 
fishing  on  the  h.wer  river.  an<l  the  K«l!-net  fishermen 
pro|K.se<l  a  hill  prohihitiuK  fish-uluel  o|)erations  ..n  the 
upijer  river.     These  tw<»  measnn-.  each  initialed  hy 
selfish  interests,  were  submitted  to  a  vote  of  the  |)eople. 
Durinjr  the  campaign  the  rival  interests  presented  their 
arguments,  not  only  throu^jh  the  publicity  [winphlet, 
hut  through  the  newspajK-rs  .and  by  circular  letters. 
The  iKople  of  the  state  gave  the  matter  careful  con- 
sitleration.  ami.  Ijelievin)>:  tliat  the  K^neral  welfare  re- 
«|uire<l  that  the  fish  themselves  Ik?  protected  from  ex- 
termination, they  a<lopted  Ix.th  bills. 

The  jje..ple  having  tempmarily  terminated  fishing 
en  the  Columbia  River,  the  legislature,  which  had 
hereto f.)re  failed  to  do  its  duty,  responded  to  the 
lK)pular  will  and  enacted  a  law  which  i)ermits  iK;.!n'? 
within  reasonable  regulations,  but  provides  ...}....(.- 
nity  for  the  fish  during  closed  seascms  to  reach  .  i.  > 
natural  spawning  grounds.  I  thank  Mr.  McCall  tor 
calling  attention  to  this  instance  in  which  the  com- 
posite citizen,  acting  under  the  initiative,  eliminated 
selfish  interests  and  substituted  general  welfare. 


H 


fy 


^i.- 


THE   INITIATIVE,    REFERENDUM   AND   RECALL 

Similar  results  are  accomplished  throuj^h  the  ref- 
erendum.    Selfish  interests  are  frc(|uently  able  to  in- 
lluence  the  individual  members  of  a  k't^islature  to  such 
an  extent  as  to  secure  enactment  of  laws  grantinji^ 
special  privileges.    On  the  other  hand,  there  have  been 
innumerable  instances  in  which  members  of  lejj^isla- 
tures  introduced  bills  attacking  the  business  interests 
of  large  corporations,  for  the  purpose  of  compelling 
such  corporations  to  pay  f(jr  the  abandonment  or  de- 
feat of  such  bills.     In  the  one  case,  selfish  interests 
were  able  to  buy  legislation  for  their  own  benefit  and 
against  general  welfare;  while  in  the  other  case  cor- 
rupt legislators  had  power  to  blackmail  corporations. 
Such   transactions   are    impossible    where   the   refer- 
endum is  in  force,  for  the  people  have  power  to  defeat 
grants  of  special  privileges  against  general  welfare; 
and  if  a  corporation  is  unjustly  attacked  by  a  black- 
mailing bill,  it  can  refuse  to  pay  tribute  and  appeal 
directly  to  the  people  under  the  referendum,  with  full 
assurance  that  the  people  will  not  give  their  approval 
to  legislation  of  that  character.     I  believe  every  ob- 
server of  legislative  controversies  involving  the  gen- 
eral welfare  of  state  or  city  will  agree  that  selfish 
interest  frequently  dominates  individual  action,  where- 
as if  community  action  had  been  possible,  the  result 
would  have  been  advantageous  to  general  welfare. 

The  initiative  affords  any  citizen  who  has  evolved 
a  solution  of  a  governmental  problem  an  opportunity 
for  demonstration  of  its  merits.  Under  a  system  of 
delegated  legislation  only,  his  ideas  could  be,  and  quite 

202 


A   DEFENCE  OF   DIRECT  LEGISLATION 

likely  would  he.  referred  to  some  conmiittee  where 
further  action  would  he  |)revented  thn.ugh  the  inHu- 
ence  of  selfish  interest.  Where  the  initiative  exists  he 
c-an  present  his  i<!c-as  in  the  .lefmite  form  of  a  proposed 
hill  If  e.uht  per  cent,  of  the  le^^al  voters  consider  it 
uorthy  (.r  considerati(m  and  si^n  a  petition  for  its 
suhnnssion  to  a  popular  vote. 

'Ihe    system    e.icourages    every    citizen,    however 
humhle  his  position,  t..  study  the  pn,hlems  of  jrovern- 
nient.  city  and  state,  and  to  suhnnt  whatever  .solution 
i>e  may  evolve  for  the  consideration  and  approval  of 
others.     The  study  of  the  measures  and  arj^uments 
printed  in  the  puhlicity  pamphlet  is  of  immense  edu- 
cational value.     The  system  not  onlv  encouraj,^e<  the 
development  of  each  individual,  but  tends  to  elevate 
the  entire  electorate  to  the  plane  of  those  who  are 
most  advanced.     How  dififcrent   from  the  system  so 
generally  m  force,  which  tends  to  di.scourage  and  sup- 
press the  individual! 

Speaking-  of  the  initiative  and  referendum.  Mr 
McCall  says  that.  "  In  effect  they  propose  the  substi- 
tution of  direct  for  representative  government,  the 
establishment  of  the  direct  action  of  the  people  not 
merely  in  selecting  their  agents,  but  in  framing  and 
executing  their  laws."  And  again.  "  It  is  now  pro- 
posed to  abandon  the  discovery  of  modern  times  " 
(government  by  the  people,  acting  not  in  person  but 
by  representatives  chosen  by  themselves) 

In  view  of  the  clear  declaration  of  our  initiative 
and  referendum  amendment,  that  "  the  legislative  au- 

203 


THE  INITIATIVE,   REFERENDUM   AND  RECALL 


f      . 


ti' 


thority  of  the  state  shall  be  vested  in  a  legislative  as- 
sembly, but  the  people  reserve  to  themselves  jjovver  to 
propose  laws  and  ameiulments  to  the  constitution,  and 
to  enact  or  reject  the  same  at  the  polls,"  my  inclina- 
tion at  first  was  to  believe  that  the  writer  did  not  in- 
tend to  convey  the  idea  that  representative  government 
had  been  "  abandoned  "  and  direct  government  "  sub- 
stituted "  therefor;  but  this  liberal  construction  of  his 
language  became  impossible  when  I  read  the  follow- 
ing in  tlie  same  connection  : 

"  Is  it  for  the  interest  of  the  individual  members 
of  our  society  to  have  the  great  mass  of  us  pass  upon 
the  intricate  details  of  legislation,  to  execute  our  laws, 
and  to  arlminister  justice  between  man  and  man? 
That  I  believe  to  be  in  substance  the  question  raised 
by  the  initiative,  the  referendum  and  the  recall,  as 
they  are  now  practically  applied  in  at  least  one  of  the 
states  of  the  Union,  the  example  of  which  is  held  up 
as  a  model  to  the  other  states." 

I  deny  unecjuivocally  that  in  effect  or  in  substance 
we  in  Oregon  1.  ve  abandoned  representative  govern- 
ment, or  that  the  mass  of  the  people  pass  upon  the 
intricate  details  (jf  legislation,  execute  the  laws,  or  ad- 
minister justice  betwee"  man  and  man.  Let  us  con- 
sider the  facts.  At  the  last  general  election  the  people 
of  Oregon  voted  upon  thirty-two  measures.  Of  these 
measures,  eleven  were  constitutional  amendments,  of 
which  four  were  adopted  and  seven  rejected.  Of  the 
twenty-one  bills  submitted  to  the  people  only  five  were 
enacted,  and  sixteen  rejected.    The  result  of  the  direct 

204 


A  DEFENCE  OF  DIRECT  LE(_.ISLATION 


^ 


\(>te  was  nine  measures  adopted.  The  Oregon  legis- 
lature held  a  forty-day  session  last  January,  consid- 
ered seven  hundred  and  twenty-five  bills  and  two  hun- 
dred and  thirty-five  resolutions  or  nicmorials.  Two 
hundred  and  seventy-five  of  the  bills  were  enacted. 
Kvidently  the  extent  of  substitution  of  direct  legisla- 
tion is  indicated  by  the  ratio  of  nine  to  two  hundred 
and  seventy.five.  This  is  not  exactly  "  abandonment  " 
of  the  representative  system.  Of  the  relative  merits 
of  the  two  systems  I  shall  say  more  later,  but  leave 
that  subject  for  the  present  in  order  to  continue  the 
denial  of  statements  quoted  above. 

I  deny  that  the  people  of  Oregon  have  executed 
the  laws  except  through  their  duly  chosen  public 
servants.  If  the  statement  quoted  is  intended  to  apply 
to  the  recall.  I  reply  by  saying  that  there  has  been  no 
exercise  of  the  recall  against  any  state,  district,  or 
county  officer,  though  there  was  talk  of  recalling  a 
circuit  judge.  I  have  no  doubt  that  administrative 
officers  have  been  influenced  to  some  extent  by  the 
fact  that  they  arc  subject  to  recall.  That  is  one  pur- 
pose of  the  recall.  Experience  with  public  officers 
from  one  ocean  to  the  other  justifies  the  belief  that 
some  of  them  will  be  influenced  by  the  wishes  of  the 
men  to  whom  they  owe  their  positions  and  to  whom 
they  are  accountable  at  the  end  of  their  terms.  Under 
the  former  system  of  machine  domination  we  learned 
that  public  officers  were  frequently  influenced  by  the 
wishes  of  the  political  bosses,  regardless  of  the  inter- 
ests and  wishes  of  the  people.     If  they  were  influ- 

205 


n\ 


-!t 


"■  i 


THK   IXrriATlM:.    KKrEKKXDiM    AND   RECALL 

ciK-e.I  hy  the  desires  ..f  ,„,.„  „hu  ,,t„  ;he,n  into  office 
n.Kler  the  old  system.  (,ui.e  hkely  thev  are  influenced 
l.y  the  wishes  of  (he  omipnsite  eiti/en.  who  i,nvcs 
Iheni  their  positions  tnider  the  new.  -Chi.  (hlferenee 
's  that  in.Iivi(hial.  sehisli  interest  wiehled  the  influ- 
c-m-e  under  the  old  system,  while  under  the  new  svs- 
tcMu  the  pul;he  officer  knows  that  the  people  as  a 
whole  <Ies.re  only  a  square  deal  and  seek  no  special 
pnvdej^es. 

I  deny  that  the  mass  of  the  i)eople  have  been  called 
upon  to  administer  justice  hetween  man  and  man 
Our  courts  have  proceeded  with  their  work  as  (juietiy 
and  as  deliberately  as  ever,  though  possibly  with  less 
delay.  It  would  be  impossible  for  the  people  of  Ore- 
gon to  admmister  justice  between  man  and  man  in 
any  case.  for.  though  they  have  the  power  t(.  recall  a 
judge,  they  have  no  power  to  change  the  decision  he 
has  rendered. 

Mr.   McCall   says  that  "the  prevailing   fault  of 

legislative    bodies    is   political    cowardice."    and    that 

'the  mama  of  the  times  is  too  much  legislation  and 

he  tendency  to  regulate  everybody  and  everything 

by  ariificial  enactment." 

Conclusive  evidence  that  has  been  uncovered  in 
numerous  legislative  investigations  satisfies  the  people 
of  the  country  that  venality  as  well  as  cowardice  is 
one  of  the  faults  of  legislators.  Neither  venahty  nor 
cowardice  can  be  charged  against  the  voters  of  a  com- 
monwealth except  in  those  instances  in  which  public 
affairs  are  so  dominated  by  political  bosses  that  the 

po6 


'7S'^.W4''^- 


A    DEFENC  K   Ol-    DIRECT    LE(;ii':LATIO.V 


\otcr  has  III!  fipiiiirtuiiity  of  exercisin}^  the  riglit  of 
selection  ol"  candidates. 

As  I  have  explained  on  previous  occasions,  the 
wholesale  harterini,^  of  v(»tes  in  Adams  County,  Ohio, 
and  Danville,  Illinois,  may  be  acc«iunted  for  by  the 
fart  that  f<jr  years  the  voters  had  been  accustomed  to 
mark  their  ballots  for  one  of  two  candidates,  each 
chosen  for  them  by  the  operators  of  the  political  ma- 
chine. Ilavinjj^  learned  by  experience  that  their  votes 
were  ineffective  to  overcome  public  evils,  they  decided 
that  tlicy  nn'^dit  as  well  profit  by  the  few  dollars  that 
they  could  secure  for  their  votes,  especially  since  the 
character  of  the  public  service  would  not  be  changed 
thereby.  Whenever  relieved  from  the  domination  of 
political  machines  and  given  opportunity  to  express 
an  effective  choice,  the  voters  of  any  state  will  be 
guilty  of  neither  venality  nor  cowardice,  but  will  go 
to  the  polls  and  honestly  express  their  opinions  upon 
the  (|uestions  ^uljinitted,  and  upon  their  preference  as 
between  candidates. 

As  I  have  already  shown,  the  last  Oregon  legis- 
lature enacted  two  hundred  and  seventy-five  la\«s, 
while  the  people  under  the  initiative  and  referendum 
adopted  nine  measures.  If  too  much  legislation  con- 
stitutes a  mania,  as  Mr.  McCall  says,  then  the  evil 
must  be  charged  to  legislatures,  and  not  to  the  system 
of  direct  legislation. 

On  the  whole,  laws  enacted  by  the  people  arc  more 
carefully  prepared,  more  widely  discussed,  and  more 
thoroughly  considered  than  are  the  acts  of  a  legisla- 

207 


I 


mmimA 


*■  If  I 


THE  INITIATIVE.   REFERENDUM   AND   RECALL 

ture.      A   bill  or  pn.posc.l  cnnstitutionni  an.end.nt-nt 
■submitted  under  tbe  initiative  must  be  bled  witb  Ibe 
secretary  of  state  n..t  less  tban   four  n,ontbs  f«.fnre 
the  elect.on.     Trior  to  tbat  time  the  measure  see.ires 
pi.l.l.aty  throuKl.  tbe   fact  that  it  must  be  circulated 
for  the  signatures  of  eight  per  cent,  of  the  voters 
After  the  bills  have  been  filed,  the  promoters  and  op- 
ponents thereof  nmy  file  arj,n,me,.ts   for  or  against 
t  .s  „,ade  the  duty  of  the  secretary  of  state  to  have  a 
full  copy  of  the  title  and  text  of  each  measure    to- 
gether w.th  the  arguments  ^..r  and  against.  printe<l  in 
a  pamphlet,  a  copy  of  which  must  l,e  mailed  to  every 
registered  voter  not  less  than  fifty-five  davs  prior  to 
election.     The  title  of  a  bill  appears  in  the  publicity 
pami,hlet  exactly  as  it  will  appear  upon  the  ballot     In 
tins  way  the  voter  secures  the  best  possible  informa- 
tion regarding  the  provisions  of  the  bills,  their  merits 
or  defects,  the  arguments  for  and  against  the  Uieas- 
ures.  and  the  reason  why  they  should  or  should  not  be 
enacted. 

No  such  opportum-ty  for  the  study  of  measures  is 
aflforded  members  of  a  legislature.    The  Oregon  legis- 
lature, for  instance,  is  in  sessir.n  onlv  forty  davs   and 
members  secure  printed  copies  of  the  bills  introduced 
no  sooner  than  the  end  of  the  first  week.     Very  fre 
quently  the  important  bills  are  introduced  about  the 
middle  of  the  session  and  the  members  have  copies  of 
these  before  them   for  not  more  than  twenty  days 
Amendments  are   frequent,  and  sometimes  these  are 
made  as  late  as  the  day  on  uhich  the  bill  is  passed,  so 


*>^  ^'iV*"^*.*-', 


^ 


A   DEFENCE  OF   DIRECT   LEC.ISLATION 

thai    legislators    frequently   vote   upon   bills   without 
knowing  their  real  effect. 

We  had  a  conclusive  (lem»)nstration  of  this  in  the 
Orejjon  legislature  of  njo.,.  when  the  legislature  re- 
pealed a  statute  which  all,.wed  every  h.,usehol,Jcr  a 
tax-exeniption  of  household  goods  to  the   value  of 
three    hundred    dollars.      After    the    legislature    ad- 
journed, members  were  astonished  tr)  learn  that  they 
had  repealed  such  a  law.  and.  at  a  special  session, 
called  w.thtn  a  year,  this  statute  was  re-enacted  by  an 
overwhelmmg  vote.     Not  even  Mr.  McCall  will  con- 
tend that  legislation  such  as  this  could  be  ignorantlv 
passed   under  the   initiative  and   referendum       I-our 
months  of  discussion  will,  beyond  peradventure    dis- 
close any   serious    fault   or  defect   in   any   proposed 
statute  submitted  under  the  initiative. 

Some  honest  opponents  of  direct  legislation  base 
their  opposition  partly  on  the  fact  that  a  measure  sub- 
mitted under  the  initiative  is  not  susceptible  of  amend- 
ment after  it  has  been  f^led  in  the  office  of  the  secre- 
tary of  state.      Instead  of  being  cause  for  criticism 
this  IS  one  of  the  strongest  reasons  for  commenda- 
tion, for  we  have  learned  by  experience  that  one  of 
the  most  common  methods  by  which  vicious  legisla- 
tion IS  secured  is  to  introduce  a  harmless  or  a  bene- 
ficial bill  and  let  it  secure  a  favorable  report  from  a 
legislative  committee,  but  with  a  slight  amendment  in- 
serted therein  which  entirely  changes  its  character  or 
effect  in  some  important  particular  and  thereby  serves 
some  .selfish  interest.     When  it  is  known  that  a  bill 

209 


i 

i' 
(i 


TMI':   INITIAriVi:,    Ki:rKKK\I)l'M    .\\F)   uf-caix 

must  1)0  lu.uif.l  ..r  rijiv!i«l  tvactly  as  drawn,  the 
fiaiiuTs  of  the  im-asiuv  will  sfH-tuI  weeks  and  months 
in  shi.Iyinfi:  tlie  snl.jcrt  and  writing-  the  hill  in  onler 
to  have  if  irvv  fmm  tinsilivfactorv  features. 

In  aitiial  pra-  tice  in  (  hv<^i>u  almost  e\ery  proposal 
Iiill  is  snhniittnl  lo  a  i-oiisidiiahli-  lunnher  of  nu-n  f..r 
iritiiisin  and  sngj^estions  In-fore  its  final   form  is  <le- 
termine<|  up.n.     Tlie  ..ri.ninal  d-aft  iniderj-oes  many 
amendments,  .-uid  tlu'st-  are  more  earefnllv  considered 
than  wnnld  In-  the  ease  if  the  hill  were  hefore  a  lejjis- 
lature.     Kn(.winj4  that  the  hill  will  he  suhjeeted  to  the 
closest  scrutiny  of  all  the  people  for  four  months,  the 
framers  (»f  the  hill,  desiring:  its  passaj^e.  naturally  en- 
deavor to  remove  every  reasonahle  ohjection.  to  make 
all  its  provisions  perfectly  clear,  and  especially  to  re- 
move every  indication  of  had  faith.     A  hill  to  which 
there  are  many  serious  ohjections  would  stand  little 
chance  of  adoption  hy  a  popular  vote.     When  thus 
drawn   and  suhmitted,  a  hill   is  in  the  hest   ixxssihie 
form,  and  there  is  no  possihility  of  its  heing  made 
the  instrument  for  the  enactment  of  what  are  com 
monly  railed  "  jokers." 

I  do  not  contend  that  a  hill  thus  drawn  will  be 
perfect,  for  no  human  work  is  perfect,  but  I  do  assert 
that  it  will  he  much  better  drawn  than  the  great  ma- 
jority of  hills  presented  to  a  legislature;  and.  if 
adopted,  it  will  be  an  improvement  upon  legi.slation 
theretofore  in  force  on  the  same  subject.  The  people 
of  a  state  will  never  vote  against  their  own  interests, 
hence  they  will  never  vote  to  adopt  a  law  unless  it 

210 


kv"^*:*^.<,'s^.^^!iF;^f: 


A   DEFEMK  Ol     DlkKi  i    I.Kt.lSI.A  HON 

pro[x)>e>  a  rhaiiuo  fur  the  iinprf»vnncnt  of  the  jjen- 
eral  welfare.     I'rex  imis  to  \hv  last  elirtiun.  each  vder 
had   fiffx  five  days   in   whirh  to  toiisjdfr  thirty-two 
nieasnres.  whiih.  with  the  arj;mnents  for  and  aj^ainst. 
were  laid  heforc  hitn  in  tonvenient  priiite«l  form.    IhiH 
Kave  him  an  average  of  nearly  two  days  for  the  con- 
sideration of  each  measure.     Assuminj;  that  many  of 
the  hills  introduced  in  otie  house  never  appear  in  the 
other,  each   member  <.f  the  Oregon   lej^Mslature   was 
called  u[K)n   to  consider  aljout   fnc  himdred  hills  in 
forty  days,  or  over  twelve  each  day.  Iwsides  hting 
compelled  to  consider  many  resolutions,  motions,  and 
questions  of  a  political  character.     I  assert  that  the 
individual   voters  of  the  state,   in  the  quiet  of  their 
own  homes  in  the  evening',  could  hettcr  consider  and 
decide  upon  an  average  of  one  hill  in  two  davs  than 
the  memhers  of  the  Ic^rjslature.  amid  the  hurrv  and 
strife  and   personal    feelinjr   incident  to  a  legislative 
session,  could  consider  and  decide  upon  an  average  of 
twelve  hills  a  day. 

It  is  frequently  asserted  that  the  voter  in  Oregon 
is  required  to  pass  upon  thirty-two  measures  in  the 
few  minutes  he  occupies  the  booth  on  election  day. 
Such  is  not  the  case.  He  has  several  weeks  in  whic'h 
to  determine  how  he  will  vote,  and  merely  takes  a  few 
minutes  in  which  to  mai  !<  his  ballot. 

In  his  discussion  of  the  recall,  particularly  as  ap- 
plied to  judges.  Mr.  McCall  has  reiterated  a  prevail- 
mg  error  as  to  the  practical  operation  of  that  feature 
of  popular  government.     Kvidtntiy  he  has  been  mis- 
si  i 


IT 


THK   INlTIATIVt:.   KKIERl-NDUM    AM)   KKCALL 


^B 

IH'  ' 

"il 

^^^^Bi  - 

If 

Icvl  by  atTcptiiiK:  as  tnic  certain  Ntatimcnts  containcfl 
in  the  President's  veto  message  of  the  Arizona  statc- 
(••H'«l  l>ill.     lie  >n>>.  for  insJame.  that,  ulun  the  rciall 
IS  invoked,  the  man  whom  the  jK-opJe  have  eleileil  to 
an  oOuc  is  iH-rmi»«,.f|  either  to  resJKM  in  live  days  or 
to  .jcfnid  himself  in  two  hnndred  uurds  iijmmi  pro- 
ceeding to  throw  him  out  in  dis^'rate.     This  state- 
ment is  iniorrcit  in  two  particulars.     He  mav  neither 
resign  nor  defend  himself,  hut  may  quiet ly  continue  in 
office  imtil   his  successor  has  l)een  elected,      lie  has 
three  alternatives:  either  to  resign,  to  stand   for  re- 
election. ..r  to  continue  in  oftice  an.l  await  passively 
the  outcome  of  the  recall  proceedings      If  he  .hooscs 
to  defend  himself,  he  is  not  limited  to  a  defense  of 
tw(.  hundred  wonls.     The  two-hundred-word  limit  is 
merely  upon  the  length  of  statement  he  mav  make  to 
l)c  printed  upon  the  ..fficia!  ballot.     This  is'  merely  a 
sunmiary  of  his  defense.      He  is  at  libertv  |.,  make 
such  other  defense  before  the  people  as  he  may  de- 
sire. 

Moreover,  the  .\rizona  constitution,  to  which  Mr. 
McCall  refers,  recpiires  that  the  lej^Mslature  shall  pro- 
vi'le  for  the  payment  of  the  campaign  expenses  of 
any  officer  attacked  under  the  recall.  The  man  or 
men  who  attack  an  officer  under  the  recall  must  pay 
the  expe.ise  of  their  campaip:n.  The  man  in  office  has 
not  only  the  advantage  of  his  official  record,  the  pres- 
ti.tro  ..f  his  office,  the  rlesirc  of  the  American  voter 
to  jjive  every  incumbent  of  an  office  a  square  deal, 
but  he  has  the  further  \ery  material  advantage  of 


I  ^ 


1*    i 


A   DEI'EN'tL  OK   DIRKc T   MCdlSLATION 


payment  .>f  his  cani|)ai>jn  cx|)rnsfs  out  <.f  tlu-  pnhlic 
tisanury.  '  ny  ofticcr  who  is  not  able  t«»  inaki-  out  a 
case  in  his  own  defense  with  all  these  advaniaKes  is 
very  prolKihly  a  tit  subject  for  recall  protein  line's. 

Mr.  McCall  further  states  that  it  wouM  U-  a  mat- 
ter of  no  <jif>uulty  for  the  .Ufeated  candidate  to  initi- 
ate a  recall  and  practi-ally  have  the  riection  over 
a^ain.  I  challenge  the  citation  of  any  instance  in 
which  exi)erience  has  demonstrated  that  this  criticism 
is  justiffed.  I'.x|H-rience  in  iM.lities  everywhere  has 
demonstrated  tliat  the  |K'ople  admire  a  "j,r,„„l  |,,ser." 
They  have  contempt  for  the  man  who,  after  he  has 
been  beaten  in  a  fair  tij^ht,  refuses  t.)  cptit. 

The  recall  amendment  pnnides  that  a  recall  peti- 
tion shall  nnt  Ik-  circulated  af,'ainst  any  ..fficer  until 
lie  has  actually  held  his  (jfVice  six  months,  except  that 
a  |)etition  for  recall  of  a  memU'r  of  the  lej^jislature 
may  be  tiled  live  days  after  the  le^'islature  meets. 
Since  a  successful  candidate  takes  otVice  two  ni..nths 
after  election,  and  it  would  ordinarily  recpiire  a  month 
to  circulate  a  recall  petition,  it  is  plain  that  there 
would  l)e  at  least  nine  months  for  the  subsidence  of 
any  jwrMJual  feelin^^  engendered  during  a  campaign. 
Obviously  a  recall  as  to  members  of  the  legislature 
must  be  oi)erative  while  the  legislature  is  in  session 
to  be  effect  ive. 

Thus  assured  of  an  opjwrtunity  to  demonstrate 
the  character  of  service  he  will  render,  no  puiilic  serv- 
ant need  fear  recall  proceedings  growing  ,-ut  of  the 
campaign  for  his  election,  unle-.'^  his  election  was  se 

ai3 


1*^(1 


THK   IMTIATIVE.   Klil  EKKNDLm    AND  RECALL 

'iirni  l.y  ,lisl,.,m-Ht  means  Of  .-..urse.  in  such  a  ca.c 
a  rcnall  n„Kli.  k-  (ilc-.l  i.nn.nl.aulv  after  the  cxpira- 
ti"ti  of  ,)u.  s,s  „„.,„hs  ||„s  vvo.iM  U.  hrou^ri,,  „.„ 
so  nuKl.  l.y  tlu-  .UfratHl  ran.li.lau-  or  his  frien.ls  as 
hy  ntizcns  m  Kciu-ral.  uhose  ri^ht  it  is  to  haM«  cverv 
ilcitioii  coiuhitinl  fairly  an.l  hoiu-sily. 

The  assumpti.m  that  a  recall  |.roa«e.li,.K  is  an  iiii- 
IH.Mtio,,  „,„.„  a  puhlic  urtuer  is  „..t  fn„„.U.,|  on  K'xkI 
reason.      \„  ni.lu  i.h.al  has  no  pers.mal  ri^'h'  to  pnhlic 
«'"kc.  tl.onuh  s..,ne  few.  uj,.,  „„,ler  .lelcKate.l  jjovern- 
mcnt  have  iH-n^ht  their  otVues.  n,av  think  ihev  have 
I  he  olf.ce  UIonKs  to  the  |a-ople.  ami  they  are  entitled 
t<'  have  It  hHe.1  hy  uhon.soever  thev  please      l-very 
employer  in  private  life  reserves  the  riKht  to  .lischarxe 
h.s  employee  whenever  the  service  rendered  is  unsatis- 
factory. 

The  san.e  principle  sh.mid  apply  to  the  electorate 
'"  tl>e  employment  of  a  puhlic  servant.  In  fact  this 
riKht  wonl.l  k.  a  matter  of  un.Krstan.lin^r  and  con- 
tract where  a  citizen  seeks  and  accepts  a  public  office 
with  the  knowle.lKe  that  the  recall  is  one  of  the  laws 
of  his  state. 

Mr.  McCall  asserts  that  where  the  recall  is  in 
force  -the  jud^e.  in  nr.kr  f.  feel  secure  in  his  ot^ice. 
woul.l  have  to  consult  the  popular  ouk-us  rather  than 
the  sources  of  the  law."  lp..„  „,,.  same  reasonin^r. 
where  the  convention  system  exists  with  a  boss  in 
control,  the  jud^re.  in  order  to  feel  secure  in  his  oir.ce 
would  consult  the  wislu-s  of  the  boss  rather  than  the 
sources  of  the  law.    There  is  this  .lifference  in  favor 

214 


A  r)i:M:\t  |.;  of  diku  r  i,K(, 


.\TlO\ 


«.f  tho  iiiHucn.c  »(  \hv  mail  -|H.|.ular  it  lunuc  would 
In?  cxerteil  in  Uhalt  ..f  ih^.  wdfarc  of  ihc  iiiai..rii« . 
ulu'ria>  flu-  iiilliKiKcoi'  \Uv  political  l)..s>  i>  t-.or  .1  in 
U-hair  of  the  inti'tvMH  of  a  very  Miiall  minority,  uliidi 
i>  K«'«»t'i-«Ily  liiuisflf  or  a  ianipaiv:n  cotitnliiiior. 

Soh.f  ivople  txprf.  tlu-  ftar  that  the  rights  of  ;i 
miiioritx  will  W  .li>rcKar.li-.|  by  the  tv.anny  of  the 
majoritN  'llu-y  an  really  most  eotuerned  for  the 
|»crpctuati..n  ..f  special  aii.I  tinjnst  prixiU'Kos  for  the 
Miiall  minority.  Neither  election  nor  appointment  to  a 
U-Kislative.  executive,  or  judicial  olVice  carries  coinci- 
denl  per^ona|  ..r  oiVicial  infalliliility. 

There  i«.  very  little  weight  to  argument  based  n|M.n 
allusion  to  ;  •  .letnocracy  of  Athens,  or  to  the  experi- 
ence of  other  ancient  nations  which  made  in..re  or  Icsh 
prioress  toward  a  pcipular  form  of  Kovernnient.  In 
the  last  two  thousand  year-  conditions  have  Kr^ally 
clian«:ed.  FJectricity  and  stv.im.  the  tele^naph.  tele- 
I'hone.  railroad,  and  steamboat  have  established  media 
of  mstantaneous  intercoinminncation  of  i.ieas.  and 
rapid  coojK'ration  of  action  in  the  individual  units  of 
society. 

Ill  less  fuMi  a  decade  the  peojjle  of  Cre,i,'on  have 
voted  upon  ..  fv-four  measures.  Surely,  if  the  initi- 
ative and  referendum  is  a  destructive  svstem  as  its 
t-nemies  allcK*'.  there  w.nil.l  be  abmi.lant  evidence 
llurcf  m  the  iccent  history  of  that  state-  and  it 
shoul.l  not  be  .iifticult  for  any  citizen  to  produce  con- 
clusive and  absolutely  consincin-  evidence  to  that  ef- 
fect.    Xo  one  has  done  so  or  can  do  so 

-SIS 


THE   INITIATIVE.   REFERENDUM   AXD    RECALL 

Both  reason  and  experience  demonstrate  the  prac- 
ticability and  importance  of  the  initiative  and  rcforen- 
(him.  My  analysis  of  the  forces  controUing  all  human 
acti(jn,  as  set  forth  in  the  early  paragraphs  of  this  ar- 
cle,  proves  the  impossibility  of  a  commnnity  voting 
igainst  the  general  welfare.  Any  person  interested 
in  the  subject  will  observe  by  a  study  (jf  results  in 
Oregon  that  this  has  been  demonstrated  in  that  state.' 


'  See  Appendix,  p.  349. 


■; 

^H) 

.-.ii 

-  ...T) 


I 


> 


'i. 


■SkJjAAi-. 


CH A  pti.:r  rx 

TUB    PRACTICAL    UORKINCS    .,K    TIIK    INITIATIVE    AND 
KKFKKKXDIM    IN    ORKtION 

At  the  Pittslniri,^!,  m^vfuv^  u{  the  Xatiunal  Munici- 
pal LcaKue.  .n  i.^xj.  Joseph  X.  Teal.  J^sq..  of  the 
H>rtlan,I  (Oreoo,,,  har.  presentecl  the  f..llouin-  ac- 
coinit  of  the  practical  workings  of  the  initiative\nd 
referendum  in  Ore,t,'on : 

The  exact  date  at  which  agitation  for  the  initiative 
and  referendum  hegan  in  Oregon  is  somewhat  uncer- 
ani     It  has  been  stated  that  a  paper  published  in  Port- 
land some  time  from  1885  t.,  1888.  called  The  Vidcttc 
advocated  the  measure.     Its  f^rst  introduction  into  the 
egislatue  assembly  was  in  ,893  i„  the  form  of  a  reso- 
lution uitroduced  by  Senator  Vanderburg.     Very  few 
of  the  members  at  that  time  knew  what  the  terms 
meant.    At  the  session  of  1895  the  agitation  took  the 
form  of  a  demand  for  a  constitutional  convention  and 
^yas  defeated  by  one  vote.    In  1897  there  was  no  ses- 
sion.    At  the  regular  session  of  1899  the  amendment 
was  passed  for  submission  to  the  people  by  a  laree 
majority    and  in  1901   it  was  passed  for  the  second 
t.me  and  was  submitted  almost  without  opposition  in 
the  legislature. 


15 


217 


THE   IXITIATIVE.    REFERENDUM   AXD    RECALL 

Formerly  under  our  constitution  all  proposed 
aniendtuents  had  to  he  i)assed  hy  two  successive  legis- 
latures Ik.' fore  suhiiiission  to  the  people.  This  amend- 
ment was  suhmitted  to  the  people  June  2.  190J.  and 
received  6J.OJ4  affirmative  votes.  5.668  heing  cast 
against  it.  M  the  election  held  June  6.  1906.  it  was 
applied  to  local,  special  and  municipal  laws.  How- 
ever, the  charter  of  the  city  of  Portland,  which  was 
prei)ared  by  a  charter  hoard  approved  hy  the  i)cople  at 
the  election  held  in  the  month  of  June.  i()OJ,  and 
passed  by  the  legislature  at  the  session  of  1903.  con- 
tained provisions  f(^r  the  initiative.  It  has  therefore 
been  in  operation  in  the  state  for  seven  years  and  in 
this  city  for  six  years.  While  the  time  it  has  been 
in  operation  is  hardly  long  enough  to  develop  all  its 
advantages  and  disadvantages,  yet  its  workings  have 
been  sufficiently  observed  to  enable  one  to  form  some 
conclusion  as  to  its  '  "Hts  and  demerits. 

Although  both  p  ers  are  generally  linked  to- 
gether, they  should  be  considered  separately.  One  is 
a  positive  force,  the  other  negative.  The  first  stands 
for  affirmative  action,  the  second  is  a  method  devised 
for  the  veto  of  legislation  the  people  do  not  approve. 
The  consetiuence  is  that  there  is  very  much  great- 
er opposition  to  the  initiative  than  to  the  referen- 
dum. 

In  my  opinion,  the  causes  which  led  to  its  adoption 
are  the  same  that  are  in  evidence  throughout  the  coun- 
try generally.  The  people  felt  the  government  was 
getting  away  from  them  and  they  desired  a  more  di- 

218 


!h! 


IN  OREGON 

rect  control,  both  in  the  making  of  laws  and  in  tiieir 
enforcement,  than  they  enj<.ye(l.     More  potent,  liow- 
ever.  than  this  was  the  failure  of  the  legislature  to 
respond  to  the  dema.KJ  <.f  the  people  for  the  enactment 
of  laws  respecting  the  control  of  corporations    taxa- 
tion  and  kin.Ircd   subjects  afTecting  public  interests. 
Hoss-n.lden   legislatures  a!ul  coinicils  were   the   rule 
rather  than  the  exception,  and  the  people  were  tired 
of  coaxM.g  and  pleading  to  secure  desired  legislation 
Legis  atures  and  councils  were  t.u,  often  more  solici- 
tous for  special  than  for  the  public  interests,  and  the 
people   wanted   to   secure   some   effective   and    direct 
•nethod  of  making  their  influence  felt  and  their  wishes 
respected. 

The   difficulty   in  securing  the  enactment  of  the 
Australian  ballot    law  and   the  registration   law   are 
examples  of  laws  the  people  wanted,  and  which  were 
enacted  grudgingly  and  after  long-continued  agitation 
Other  nnportant  measures   failed  repeatedly  to  pass" 
The  combmed  effect  was  to  create  a  sentiment    (as 
shown  by  ihe  vote)  overwhelmingly  in  favor  of  the 
new  procedure.    After  its  adoption  tax  laws  and  other 
pubhc  measures  were  proposed  under  it  and  passed, 
the  consequence  being  that  the  same  infiuences  which 
prevented  the  passage  of  the  same  character  of  laws 
by   he  egislature  are  the  deadliest  foes  of  the  initiative 
and  referendum,  although  this  is  not  to  say  that  there 
are  not  very  many  good  citizens  who  are  opposed  to  it 
both  on  prmcple  and  in  practice.    Like  all  laws  or  new 
methods  ,n  government,  experience  has  demonstrated 

219 


w 


THE  INITIATIVE.   REFERENDUM    AND   RECALL 

that  clianges  in  some  particulars  are  necessary.    These 
I  shall  refer  to  later. 

While  the  powers  reserved  under  the  initiative  and 
referendum  ha\e  a  restraining  inHuence  on  the  legis- 
lators and  operate  as  a  check  on  vicious,  extravagant 
and  special  legislation,  there  is  also  a  tendency  to  cause 
the  legislator  to  feel  less  personal  responsihility  and  to 
leave  to  the  i)eople  matters  on  which  he  should  act.  It 
also  pro\  ides  what  seems  to  some  too  easy  and  expe- 
ditious a  method  of  submitting  amendments  to  the 
constitution.  Indeed.  s(jme  claim  that  substantially  we 
have  no  constitution  left  in  the  sense  it  is  generally  un- 
derstood. 

Formerly,  it  re(|uired  not  only  a  majority  of  those 
voting  at  an  election,  but  a  proposed  amendment  was 
re(iuired  to  be  agreed  to  by  a  majority  of  all  the  mem- 
bers elected  U)  each  house  in  two  successive  legislative 
assemblies  before  submission  to  the  people.  Xcjw  an 
amendment  may  be  proposed  directly  by  the  people 
and  a  majority  of  those  voting  on  it  at  any  general 
election  is  sutificient  to  carry  the  proposition.  The 
initiative  petition  for  the  submission  of  an  amendment 
must  be  filed  with  the  secretary  of  state  not  less  than 
four  months  before  the  election  at  which  it  is  to  be 
voted  upon,  and  must  be  submitted  at  a  regular  elec- 
tion unless  otherwise  ordered  by  the  legislative  assem- 
bly. This  direct  method  of  amending  the  constitution 
unquestionably  impo.ses  very  grave  responsibilities 
upon  the  electors. 

When  originally  adopted  it  was  generally  thought 

220 


-I 

1 


B^r^  iM^,a^...^st. 


IN  OREGON 

that  <m\y  measures  of  jrreat  importance  and  of  limited 
number  would  l)c  submitted  under  the  initiative.     In 
practice  it  has  been  found  that  such  is  not  the  case, 
ahhough  this  statement  is  subject  to  some  (|ualifica- 
tions.    Not  unnaturally  when  it  was  first  adopted  (|uite 
a  number  of  laws  were  proposed  and  nearly  all  car- 
ried, the  enactment  of  which  had  been  demanded  over 
and  over  again  by  the  pef)ple.  only  to  be  defeated  by 
the  legislature.    In  other  words,  it  was  but  the  inevita- 
ble result  of  the  people  having  the  power  to  carry  out 
their  will  which  had  been  hitherto  thwarted  by  the 
failure  of  the  legislators  to  act  at  all,  or  if  they  did  act. 
to  act  adversely.    It  is  also  claimed  that  laws  submitted 
under  the  initiative  may  be.  and  are  sometimes,  pre- 
pared from  a  biased  or  parti.san  standpoint,  and  thus 
arc  liable  to  be  unfair,  ill-considered,  or  poorly  pre- 
pared, and.  not  being  susceptible  of  amendment,  must 
be  adopted  or  rejected  as  pre^-ented.    There  is  truth  in 
this  criticism.    At  the  same  time,  there  is  considerable 
expense  attached  to  submitting  a  law,  and  the  people, 
if  they  understand  it,  will  not  support  an  unfair  or 
one-sided  measure.    The  chief  difficulty  in  this  respect, 
however,  is  in  getting  the  facts  before  the  public  so 
that  they  understand  them.    A  popular  demand  crystal- 
lized into  the  form  of  a  law  headed  by  a  "catchy" 
title  is  too  apt  to  receive  favorable  consideration,  the 
details  and  imperfections  being  overlooked  in  the  de- 
sire to  obtain  the  ultimate  purpose. 

Another  objection  is,  that  it  takes  too  much  of  the 
time  of  the  people  in  study' ng  proposed  legislation. 

22! 


:>^l^'»*^-• '".- 


I  } 


ft         I  Si 


Till-.    IMIIATISE.    KIJKKKNDLM    AM)   REfALL 

"M  the  ..ihcr  hand,  ii  inij^ht  hv  tirRcd  tli.it  to  cinpcl 
|K-u|)k.  mnnally  to  stiuly  aii<i   tindcrslaiul  tlu'  con.li- 
li'"is  im.liT  ul.iil.   tluy  arc  living'  a.tild  scarcely  he 
i.dlcd  an  (.l.jtTii..n.     However,  even  if  n..t  necessary. 
It  lias  been  fnnnd  advisahle  for  orKanizafi.ms  to  issue 
statements  to  voters  covering  tile  (|nestions  to  be  snl.- 
nntted.     '|  hey  generally  consist  «.f  n  slmrt  «^tatement 
of  tlie  measure  with  tlie  number  on  tlie  ballot  and  tlie 
rec..mmendati..ns  of  the  organization  on  the  particu- 
lar f|nesii..n.     'I'he  Taxpayers'  I.eaj,nic  of  this  citv  has 
been  especially  active  in  this  work,  but  it  can  be  rJadily 
nnderstnod  that  the  printing  a.id  circulating  of  these 
statements  and  reports  costs  considerable  money  and 
with  two  elections  every  year,  one  the  city,  the  other 
the  state  and  county,  it  keeps  those  intereste.l  pretty 
busy. 

I  tluiik  the  foregoing  are  the  chief  objections  to 
the  initiative,  except  such  as  are  urged  by  those  who 
are  opp'-sed  to  it  on  principle,  or  by  the  conservatives 
who  \iew  with  alarm  changes  in  any  direction,  or  by 
the  a-  who  wish  to  iinnt  rather  than  enlarge  either  the 
powers  or  the  responsibilities  of  the  people  as  a  whole. 
()n  the  other  hand,  the  initiative  places  in  the  hands  of 
the  people  the  power  to  inaugurate  such  reforms, 
changes  of  p,,licy  or  to  enact  such  laws  as  thcv  may  de- 
s-re  or  believe  to  be  to  their  best  interests. '  A  num- 
ber of  changes  have  Ijcen  suggested,  amongst  them 
being  the  following: 

I.     To  provide  that  a  larger  number  of  petitioners 
should  be  requirc.1  to  have  a  measure  submitted  than 


i't 


L  ^  .    C 


IN  OREGON 

I-  iiMu  provided  l.y  law.  Kight  per  cent,  of  the  Ic^al 
\oiers  arc  now  recpiired  to  propose  any  measure  hy 
petition. 

J.  '!"<»  have  initiative  measures  first  suliinitted  to 
the  Ie;^i>latnre  witli  the  ri^dit  to  pass  upon  them  or  to 
amend  them,  and  if  amended  to  submit  the  alternative 
proposition  to  the  people.  Such  an  amenchnent  has 
heen  prepared  In-  friends  of  the  initiative  and  is  now 
under  ptihhe  consideration. 

3.  To  hmit  the  numl)er  of  con.stitutional  amend- 
ments or  laws  that  may  he  submitted  to  vote  at  any 
one  election. 

}  To  linut  the  subject  matter  to  a  sinjjlc  propo.si- 
tion  in  concrete  form. 

5.  It  has  also  been  suf,^gcsted  that  tlie  initiative 
be  confined  to  bills  that  have  been  introduced  and 
failed  to  pass  in  tlie  legislature  and  those  that  have 
I)cen  vetoed  by  the  governor. 

i:.\cept  number  2.  so  far  as  I  am  aware,  none  of 
the  otlier  suggested  anienchnents  has  been  reduced  to 
writing  or  prepared  for  puijfic  (hscussion. 

The  referendum  is  felt  to  be  of  great  value  in  oper- 
ating as  preventive  of  special,  extravagant  or  other- 
wise oI)n().xious  legislation.  This  power  operates  as  a 
strong  deterrent  against  extravagant  legislation  or 
that  favorable  to  special  interests.  The  indiscriminate 
granting  of  franchi.ses.  tl;e  bartering  away  of  p-iblic 
rights  and  the  granting  of  special  privileges  of  all 
kinds  which  have  been  so  prolific  of  corruption  in  the 
past,  would  not  have  been  indulged  in  to  the  extent 


sTl 


v%  ,A- 


Tlrr 


Hi 

.1 


.'  •! 


""■    ■MIIMi\K.    KKFKKKXDLM    AM.    KK.  AM. 

tl-cy  have,  had  the  ik-.,,!.  always  rcscrvnl  ,his  power. 

'crc.shnth,,|.cn,ias„M.f,hercf.rc.„.hnn.  \|,..„t 
tlic  only  change  sn^Kcstnl  is  ,..  pr.,vi,Ic  for  a  larger 
mimher  of  |.ctifioncr>.  ^ 

';;•';''';'  '•.•••••Ily  I.c  sal.l  ,|,.-u   .he-  pe..pl,.  l,,,,  „.„ 

"tf.1   fnr  ,h.,r  n.MM.U.ran..,,.     M.„-,.„,,.  „,,,.^,  ^„ 

r^   auspas...II,,,,■epo.plc.th.,^,hp...,.Iv.I;ffc.r- 
^«   n  lanKiia^c  n,  o.n„,rncti..„.  have  Ik,-.,  rejc'r.e.l  hv 
he  ^g.sla.„rc.      Tlu-   foi,...i,.,ji.,   i,  ,,  J.^.,.J    ^ 
M.eaM.res  snhnmte.1  an.l  votes  cast  thereon : 

Equal  .siifTraRc ^"  ^•' 

Toanun.l  I- Kal  option  law. '^^''^'^  »'''''^7i 

To  purihasc  a  private  toll  rf.a,! •^^'•^'^^  '*•'•'•'•» 

Forinitiativcan.ircf.u.n.!u,„„„I,..l.,,^,i„,,,,  '''''^  ^'^'^ 
muni<ipal  laws. 

Prohihitin,  frcv  passes  (n.,  rnactin,  Vlat.s.)  'I'll"!         '"'^f 

Rcqu.nnK  skvpinR  car.  r..f,i,..ra.,„   .ar,  an,]  oil         '  ''''^^'* 

companies  to  pay  annual  lie  ens.-  u,«,n  .ross 

earnings.    .. 

Requiring  express,  telegraph  and  telephone  eom-    ""'''^  ^'■*^° 

panies   to  pay   annual   license   up<,n   .-ross 
carninKs 

ha<l  n„  .n.-,..„„s  claun.  a,„l  i„  o,n..,,„'„..  fa,     i    . 
bccoMK.  a  law.    The  ac,  ,o  roRulale  Ira  ,s|,„nali.„     , 
o™,„«.  cu.,.  .a.  pa.c.  a,  ..  ,.plan- J  s:;i 

hibitc,!  llK.  gn-,,,};  of  free  tran.s|«,rtatro„  ' 

Not« „h.,tan,li„„  ,l,e  ,,„,  ,,f  ,|,e  people  hut  rccen.ly 
cast  upon  the  question,  the  leRi..lature  ,a    the  samcZ 
s,on  passe.1  an  aet  rc,i„in,„  ,„r  railroa.ls  ,o  Z,,  free 

224 


J^w 


IN'  OREGOM 

/r.,n,Mf<'fion  to  state  ami  cnmttx  ofHnals  as  a  cunsid- 
crat.nn  prccclc.t  m  ac.,i.irin«  la.„|  for  c.riK.ratc  pur- 
IH-scs  I.y  the  cxtrcisf  of  cnmu-nt  .In.naiii.  A  rc-fercn- 
•Imu  was  c-allnl  „,„.„  tl.is  act.  an.I  at  the  dcctin,,  of 
M..S  the  au  was  cU-fca...!  hy  a  vn,.  of  5.,,,/.  to 
-.«..V..  I  his  cxn.iphfK.s  the  use  to  which  the  refercn- 
:""»'  '»ay  he  p„t  aii.l  is  an  cxccllcni  ill-Ntraiion  why  it 
•s  cxtronu-ly  i.nhkcly  that  if  will  U-  repealed 

A  refere„.|,„n  was  also  calle.l  on  an  appropriat,..„ 
•".><lct".-    he  s.a.e  university.     The  appropriatio.Mva. 
M.sta.ne.!  hy  a  vo.e  of   ,4.,  ,3  f,  40.535.     This  refcr- 
c".l  un  ,s  occasionally  referred  to  as  an  illnstration  of 
•ts  dangers      iVrso„ally.  I  do  not  view  it  in  that  way 
as      th.nk  the  .liscnssion  that  followed,  an.!  the  lH.-tt;r 
""|lcMs,andin^^  the  people  in  the  end  had  of  the  suhject 
'iHl  PKHl  rather  than  har.n.    I  „,i^d,t  add  that  the  lar^e 
"cpative  vote  cLh^s  not  really  represent  the  feelinijs  of 
J'-r  people  toward  the  state  university.     A  numher  of 
oca    con.hfons  and  issues  swelled  this  vote,  and   I 
tl'Mik     a,n  safe  in  saying  that  the  people  of  the  state 
J^enerally  take  a  justihahle  pride   in  this   institution 
winch.  I  am  glad  to  say.  is  growing  in  strength  and 
nitluencc  all  the  time. 

Among  the  measures  suhmitted  i.,   1908.  and  de- 
feated, were  the  following: 

Increasing  the  compensation  of  memhers  of  the 
cg.slatt,re  to  $400  for  a  regular  session,  an.l  ten  dol- 
lars per  day  for  each  extra  session,  instead  of  three 
dollars  per  day  and  mileage; 

An  amendment  increasing  the  number  of  judges  of 

225 


i;  - 


nil.   IMTIATIVi:.    KKIKKKNUrM    AM)    Kl.t  ALL 

the  MipriMuc  cuuri.  aii.l  lIkvk.w^  tl,,.  juriMliciinii  „f 
certain  (.tlur  oiiiri>; 

An  ait   ap|.t..|.iiatiii^r  .f5.»5.(KKi  ammalls    i,>r   t'.air 
years  fm    pnniiasin,^^  Kn.im.ls  an.I  l.ml.lin^  armurit-s 
fur  tin-  iisf  Ml  thf  <  )ri-«:..ii  Xati.Mial  (iiiard; 
l'-<|iial  stiCfraj^e  aiiiciidiiu'nt ; 

(iiviii;:  eilii-s  ami  towns  uitli,n  thnr  corporate 
limits  a.l.litional  an.I  exclnsive  |H.\Mr  to  Iia-n>e  ami 
cuntrol  ,„•  prohil.it  tht-at/es.  race  tracks,  aixl  the  sale 
of  h-pior.  (fc.  This  proposal  was  ctiMdercl  to  Ik; 
s<'inithii)«  Ml  till-  nature  of  a  trick  to  avoid  the  vfkri  of 
the  local  option  law.  and  received  y).44j  atlirniative 
and  5J..^6  iu'j.;ali\i-  votes; 

The  sinj^Ic  tax  amendment  was  defeated  hv  a  vote 
of  fKJ.Sji  to  3J.066. 

The  followinjr  measures  were  carried: 

Permittinj,'  the  location  of  state  institutions,  else- 
where than  at  the  seat  of  Kovermnent.  hy  act  of  le^is- 
Intnre  and  vote  of  the  jieople: 

Chan«:in-r  the  time  of  hoIcHnj;  the  rv^mlar  j^a-neral 
biennial  election  from  the  first  Mondav  in  lune  to  the 
Tues<Iay  after  the  first  Monday  in  x'ovenihcr. 

Two  laws  prohihitinjr  fishinjr  f,,r  salmon,  etc..  were 
l«>th  passed:  one  was  kn..wn  as  the  "  Ip  River  BiM." 
the  other  as  the  "  Down  River  Mill.-  Tiie  effect  of 
the  passa.tje  oi  hoth  laws  was  to  prohil.it  the  taking-  of 
salmon  at  all,  althoUKh  such  was  not  the  intention  of 
the  proposers,  Kach  only  wanted  to  restrain  its  rival. 
While  on  its  face  it  would  indicate  tliat  the  vote  cast 
is  evidence  of  the  confnsicjn  that  may  result  from  the 

226 


»'»■  r— 


••  r^h'i-H.k'iaz^  ir- 


.-Jk-'*' 


IN  ORECON 

use  n(  tlu-  iitilialu...  yd.  if  tiK'  Mil.jrrt  unr  wvU-v- | 

.'«>  uc  mi.UTNtan.l  it  licrr.  tlu-  rt-siill  i>  t„,t  Mirprisinjj. 
Mnrccvcr.  it  is  lu.t  muoinin..M  t<>  tin.l  n.nfr.-i.iictury 
lauH  as  well  as  acts  having'  irrecntailal.lc  |.rnviM....s 
pasM'il  by  the  IfKiNlainif 

In  the  rqn.rt  ..f  fj.o  ( )r,.«on  (  ..n^ervat.o^  (  ...nmis- 
Mon  of  iQoS.  tlu-  onumiiMfc  v!  ,  prcpau-.l  the  paitr 
•  •n  tlu-  salmon  in.instry  in  n.nnivti..,,  uiih  this  vote, 
said : 

"There  is  sfmic  antagonism  amonp  the  operatr.rs 
'•f  any  kind  of  ^'car  against  any  other.      Hctween  the 
Kill-nctters  of  the  I.>uer  and  the  wheelmen  of  the  npper 
river,  this  rises  to  ..pen  hostility.     Opposin^^  .lele^a- 
'tons  have  met  hefore  the  le^islatnre  for  many  vears 
an.l   each  party  has  succeeded  in  hlockin^  le^rislation 
I.roposed   l.y    the  ..thers.      At    last   electi..,,    ( i„    j,,,,,.. 
iVoK).    each    party    ha<I    its    hill,    propose.]    iin<ler    the 
nntiative.  each   leK'islatin^r  the  other's  metho.j  of  de- 
struction and  preserving  its  own.     The  electors,  in  an 
e.xcess  of  (lis^n.st.  tinsel  with  sardonic  humor,  passe.l 
both   hills  hy  .liflferent   hut   decisive  majorities.      The 
laws  thus  passed,  taken  together,  practically  prohibit 
hshniK  hy  enher  method  s.,  far  as  the  le.tjislat.on  of  this 
state  alone  was  competent  to  do  so." 

The  recall  was  a.lopted  hy  a  decisive  maj..rity. 
A  law  instructing  the  members  of  the  leyislatu're  to 
vote  for  and  elect  the  can.lidate  for  l-nite.I  States  .sen- 
ator who  receives  the  hij^hest  numl^er  ..f  votes  at  the 
Kcneral  election,  was  adopted  at  the  polls  l.y  a  vote  ni 
(*(),( *0H  to  Ji.ir.j. 


I 


Ui 


JUE   (MTIATIVK.    RKI  EKKNDUM    AND   RECALL 

An  act  authorinn^'  ihc  IcKMslati.rc  m  provide  for 
proiH.rtionat,.  nprcH-malion  passed  by  a  lar^e  v.)tc 

"k-  'Crrupi  I'raclur."  act  aK.  passed  hv  a 
Ltavy  ,n.,i,.rity.  Tim  art  i,  very  hma,  and.  wl.ile  ,t» 
'•'•J«-^M^  U.nkI.  it  is  cxcer.linKly  c.npliratod.  ami  it  is 

•1-nl.nnl  ,f  s..nK-  ..f  ,„  pr„v,>, ,an  ..r  .ho„ld  U- 

enforanl  llu-re  .h  ,m.  c,„rMinn.  h.,vvcvrr.  t>..l  that  its 
"h  atiMM  was  ....tiaahl..  at  dccti..„s  f.,||.Hv,ni;  ,ts 
aW..pt.o„.  and  ..  ar.ainly  ha.l  a  .narked  effect  for  the 
nettcr. 

A  n-nstiiiitional  amendment  was  also  passed  pn,. 
v.dniK  .1.  „  n„  p,r.son  can  Ik.  charKed  u,  the  circuit 
court  u„h  a  o.M„n,ssinn  ..f  a  rrin.e  ..,  n,isdnnean,.r 
except  .  n.lict.nent  found  by  a  ^raml  jury.  iVinr 
t'^  the  pass..^e  ,.f  ,|,is  act.  the  .jistrict  attorney  could 
I'l-n  Ins  own  investiKation.  f^Ic  an  infonnation  which' 
ni  effect  was  an  indictment. 

An  analysis  ..f  the  measures  submitted  au.l  the  v.>te 
of  the  people  thereon  would  imlicafe  that  there  is  noth- 
"iff  in  the  vote  on  these  measures  which  wr.uld  justifv 
con, lenmafon  of  the  law  or  fear  of  its  conser,ueuces' 
At  the  city  election  held  in  June  this  year  there 
were  th.rty-five  measures  submittcfl  to  the  f)eople       \s 
the  number  of  measures  submitt.^t  at  this  election  is 
often  use,l  as  a  "  horrible  example     of  what  the  initia- 
tive an(    referendum  may  lead  to.  simple  justice  <le- 
niands  that  the  facts  be  stated.    There  were  thirtv  five 
riuestions  submitted.    Of  these  twenty-five  were"  pro- 
posed   amcfuiments    to    the    charter. '  which    can    be 
chanped  only  by  a  vote  of  the  people.    Of  these  three 

aaS 


.  *  'it' 


t' 


W..: 


he 


IN  uKEr.OV 

^vcrc  Mibmittcl  In-  a  charter  f^mnl  a|MM.intc.l  U 
|Mir|H.Mr  ..r  MihrniUiMK'  a  ntsv  il,.,rtcr  or  iiumuUm-uiH 
«"  «hi-  exisi.nK  charter;  tweiity-iuo  ut-rc  snhmitlr.l  hy 
the  coumil  ,|,rcct.  or  u,wti  the  mlvicr  n(  a  o.niruiflcc 
of  -even  citi/etiH  apiM.i„tctl  to  pro|K.sc  chaiiKCH;  aiul 
notw  |,y  ,K-tition  throuKh  the  initiative. 

Nirjc   onhriaiHcH   uiro  simiuittcl.      Of  Hrwc   two 
were  snlMuiiinl  In  t|,e  cimcij  aiuj  ncven  hv  the  initia- 
tive ,H-tit...n.     One  refereiuluni  was  called' .-.Kainst  an 
"r.l.nance  paNsecl  by  the  cuiu.cil.     It  will  thus  Ik;  ;:cen 
that  the  |R...p|f,  thruuKh  the  initiative  an.l  relVren.lim, 
were  directh-  resjK.nsihle  for  eit-ht  of  the  nieasuren 
M.lmiittecl.    However,  it  is  but  fair  to  say  that  a  n.,ni 
U-r  of  the  others  shot.hl  have,  and  probahlv  w.-nld 
have.  U-en  stibmitte.l  had  not  the  council  acted. 

Many  of  the  charter  amendments  were  of  sli^rht 
nni«.rtance.  but  as  k-fnre  stated,  as  the  charter  can 
••nly  k-  chan«:e<l  by  a  vote  «.f  the  iK«opIe.  thev  had  to  k 
Hubmitted.    Others  were  of  great  imiKirtanc'e.     A  cm- 
mission  form  of  ffuvermncnt  was  defeated  by  a  v.Ue 
"J    io.;7o  u>  4.903.     A  municipal  electric  liKht  plant 
was  proposed.     It  was  defeated  by  9.684  to  U.o^) 
l'r.>p<.sed  ordinances  granlinjr  to  a  (iothenburg   \ss..- 
ciation  the  exclusive  right  to  sell  spirituous  li.,uors  in 
the  city  of  Portland  and  a  rather  stringent  excise  or- 
•I'nance   were  lioth  badly  defeated.     An  amemln.ent 
re(|un  u.g  franchise  holders  to  keep  accessible  accounts 
atul  report  to  the  city  auditor  carried  l.>   a  vote  of 
10.30J  u.  its  favor  and  4.44  |  against  it.    Twenty-seven 
ot  as  recommendations  were  adopted,  an.l  eight  were 

S19 


f^^^msi^'iM^' 


THE   INITIATIVE.   REFERENDUM   AND   RECALL 


h 


^ii;  ■ 


1/  1i  5 

"11 


not.     Of  the  cijjlit.  two  at  least  were  of  110  particular 
importance. 

In  my  opinion,  a  projwisition  in  this  state  to  repeal 
the  initiative  and  n-fcrenchun.  notwithstanding  certain 
defects  and  (h.sadvantages.  would  meet  with  defeat. 
In  the  future  defects  may  develop  that  will  provoke  a 
K'I>eal.  hut  this  I  d.,„ht.     On  the  contrary,  I  think  it 
much  more  pn.hahle  that  the  defects  will  he  remedied, 
.•md  the  .-ixe  will  not  he  laid  at  the  root  of  the  tree.     It 
is  true  that  the  initiative  and  referendum  is  a  radical 
departure  from  our  former  practices  and  imposes  a 
5<rave  responsihility  upon  the  people.     Thus   far.  on 
tlie  whole,  they  have  fully  met  this  hurden.  and  in  my 
"pinic-n  it  has  worked   for  good;  and  nothing  is  ..'f 
more  importance  in  a  government  such  as  ours  than  to 
place  responsihility  directly  upon  the  people.     It  is  my 
helief  that  they  can  he  trusted  to  act  ui>on  measures 
that  may  he  submitted  to  them,  and  that  as  a  whole 
they  wdl  act  fairly  and  justly  if  they  understand  them. 
'I  liey  may  he  deceived,  hut  I  do  not  Ix-lieve  any  con- 
siderable numl>er  of  people  will  knowingly  be  Imju.st 
or  unfair,  (^r  act  otherwise  than  as  they  belie\e  to 
be  to  the  interest  of  the  community. 

I  do  not  desire  to  make  any  comparisons  between 
law  s  passed  by  the  legi.slature  and  those  pas.sed  by  the 
people  direct,  but  the  comparison,  if  made,  would  not 
be  unfavorable  to  those  passed  through  the  initiative. 
While  I  fav.ir  and  still  favor  the  initiative  and  refer- 
endum, I  am  noi  a  partisan  .)r  special  pleader  for  it. 
and  if  I  believed  or  was  convinced  that  it  worked  for 

230 


in 


f    ; 


IN  ORHCON 


liarm  rather  than  f 


or  ,ij(K)(l,  I  would  say  so.  and  urge 


Its  repeal.    At  times  measures  are  sii^^gested  and 


taken  thereon  that 


action 


>{  th 


-•reatc  some  doiiht  as  lo  the  uisd 


ic  procedure,  hut  wlien  one  thinks  of  what 


lorn 


went 


""   "'"In-   the  old   system,  and   how   indifferent  an.l 
worse  than  mdifferent  le^ishitures  have  I 
I'oth  as  to  the  rights  and  demands  of  th 
feels  that  a  mistake  now  and  then  d 


wholesale 


condemnation 


jeen  and  are 

le  people,  one 

les  not  justify  a 

<»t    the   new   system.      Ft    is 


i"«ed  that  the  people  without  this  law  have  tl 
to  elect   only  honest  and  (luahtie.l 


there  ton-  there 


pears  to  some  peojjle  t(»  he 


le  power 

men  to  oftice.  and 

IS  no  occasion  to  inaut,nirate  what  ap- 

i  revolutionary  [)ro<jramnie. 


"IS  may  he  true,  hut  to  ha\ 


can  do  no  harm.     Let  tl 


e  a  concurrent 


remedy 


tiiem  als(.  retain  the  power 
and   reft-rendum.      Its  heuefil 


le  peoi)lc  elect  honest  men.  let 


se,  hut  raliier  in  its  iM)tefiti.d 

I  have  heen  asked  to  di.scuss  the  effecti 


reserved  in  the  initiative 
s  will  then  he  not  in  its 
itv. 


)f 


^eness 

"iniame  an.l  refereudmn  as  instruments  for  securing 
a  .Ienu,cratic  Rovernmeut :  hut  J  am  sure  that  any 
ac-ademu:  discussion  of  this  questio.t  would  Ik-  unproht- 
ahle.  There  are  two  lines  of  thot,^ht:  one  h..ldin.. 
fat  ,t  .s  de.stn,ctive  of.  the  other  that  it  is  an  aid  of  a 
•Innocrat.c  form  of  ...verument.  It  is  asserted  that 
•"'<ler  u  a  state  ,Ioes  not  enjoy  the  character  of  rrovern- 
'-^■"t   «uarautee<l   hy   the  con.stituti<,n   of  the    I'nit 


Stat 


es.  and  a  case  in\olvin,t,^  this  | 


111  the  supreme  court  of  the  United  St 
trom  the  supreme  court  of  () 


ited 
>oint  is  now  pending 


ates  on  appeal 
rcgon.      However,  thiw 


231 


iMa 


1 1 


THE  INITIATIVE.   REFERENDUM  AND  RECALL 

far  the  courts  have  held,  including  the  supreme  court 
of  tins  state,  that  the  initiative  and  referendum  as 
adopted  m  this  state  are  not  cntrary  to  the  provisions 
of  the  constitution  of  the  United  States  guaranteeing 
a  republican  form  of  government. 

It  is  also  asserted  that  the  only  method  hv  which 
our  character   of   government   can   l,o   maintained    is 
through  representatives  chosen  hv  the  people.     W-ry 
earnest  and  able  men  support  lK)th  views,  but  speaking 
from  our  experience  thus  far.  it  is  my  opinion  that  the 
"nu.atue  and  referendum  tend  to  secure  more  demo- 
cratic government,  if  by  that  term  is  meant  government 
by  the  pecjple  and  for  the  people,  than  <loes  the  purelv 
representative    form.     .\  .unnber  of  laws  and  amend'- 
ments  to  the  constitution  have  been  approved  by  the 
people  when  propo.sed  by  initiative  petition  after  the 
same  measures  had  been  rejected  hv  the  legislature 
and  are  some  evidence  of  the  truth  of  this  statement' 


\] 


I 


-t 

!  J 


'  I 


CHAPTKR  X 

A   VEA»  OP   T„E   rEom:'s    „,-,.E   ,^   OKEOON    (.Q.O)' 

tiulj  ...  ().eKo.,.  Observers  at  a  <lista.ice  mav  have 
e..  er,a„.c,l  the  „„,io.,  ,|,a,  ,vi,l.  ,„e  sec.ri,"! 'of  he 
.".  .a,.ve.  .he  referen<h.,n  a„„  ,he  recall,  not  fo  speak 

racv  v^cmT  '.*"""'  "«  '"=»•  "«t.tutionaI  democ- 

l™,  1     T      •■  ""?"'"'  ""^  ^l""-''  °f  'he  Oregon 
eaders     1  he  men  who  had  championed  dii-ect  leirUla 

>ngly.  fifteen  months  in  advance  of  the  general  elecdon 
con  Inct  of  state  and  county  government  might  "be 

16  233' 


■Ml 


THE  INITIATIVR,   REFERENDUM   AXD  RECALL 


by  citi/ens  of  tlicir  private  business."  Such  was  the 
ambitious  aspiration  which  prefaced  a  series  of  pro- 
posals, printed  in  an  etUtion  of  7.500  cojues  anil  (hs- 
tributed  in  midsummer,  1909,  accompanied  by  a  letter 
of  explanation  signed  by  eijjhteen  men  whose  names 
are  familiar  as  sponsors  of  the  direct  legislation  meas- 
ures of  the  past  decade.  These  documents  were  sent 
to  thousands  of  representative  voters  of  Oregon  and 
also  to  interested  correspondents  in  other  and  distant 
states,  for  the  purpose  of  obtaining  opinions  regarding 
the  wisdom  of  the  scheme.  The  proposals  thus  cir- 
culated were:  to  submit,  by  initiative  petition,  at  the 
election  in  November,  1910,  a  bill  for  the  publication 
of  an  "Official  Gazette,"  and  four  constitutional 
amendments,  the  first  of  which  aimed  to  systematize 
the  exercise  of  the  legislative  jjower  within  the  state; 
the  second,  to  centralize  administrative  responsibility 
on  the  models  of  the  business  corporation  and  of  the 
federal  executive ;  the  third,  to  secure  a  similar  centrali- 
zation of  responsibility  in  county  government ;  and 
the  fourth,  to  secure  certain  reforms  in  the  state  judi- 
ciary. Throughout  them  all,  the  avowed  purpose  was 
to  "  maintain  the  ])eople's  direct  and  supreme  power, 
by  the  initiative,  referendum  and  recall,  to  make  laws 
and  discharge  the  public  officers  as  well  as  elect  them  "  ; 
and  the  intention  was  amiounced  of  forming  a  "  Peo- 
ple's Progressive  Ciovernment  League  "  of  four  or  five 
Inuidred  citizens,  to  present  such  measures  as  might  be 
agreed  ui)on. 

Tn  January,   19 10,  under  the  same  auspices,  a  sec- 

^34 


YEAR  OF  PEOPLE'S   RULE  IN  ORE(ION 

on.l  pamphlet  was  issued,  in  which  the  proposals  he- 
fore  advanced  were  restated  and  modified  i„  accordance 
with  the  criticisms  and  suggestions  which  they  had 
elicited.     Some  clauses  were  cut  out;  some  new  fea- 
tures were  stressed;  and  much  space  was  devoted  to 
argument  upholding  the  theory  and  practice  of  "  jko- 
ple's  rule."    Some  months  later  there  were  circulated 
for  signatures,  four  initiative  petitions,  in  the  elaborate 
form  prescribed   by  law.  prepared  by  the  **  People's 
Power  League."     The  two  most   radical   projects- 
those  designed  to  centralize  administration  in  the  state 
and  m  the  county-were  omitted,  for  signs  of  reac- 
tionary revolt  were  multiplying,  and  it  was  deemed 
wise  to  concentrate  the  campaign. 

The  first  place  was  given  to  a  bill  to  exteiul  the 
Direct  Primary  Nominating  flections  Law  so  as  to 
include  presidential  campaigns  and  nominations  '  This 
measure  provided  that  in  the  year  of  a  presidential 
campaign,  on  the  forty-fifth  day  before  the  first  Mon- 
day in  June,  there  should  be  held  the  Oregon  primary 
nominating  election,  at  which  every  voter  should  have 
the  opportunity  to  "  vote  his  preference  f„r 

his  choice  for  one  person  to  be  the  candidate  of  his 
political  party  for  president,  and  one  person  to  be  the 
candidate  of  his  political  party  for  vice-president  of 
the  Un.ted  States."  either  by  writing  the  names  of 
such  persons  in  blank  .paces  or  by  making  a  cross 
before  the  printed  names  of  the  {Persons  of  his  choice 


'  Adopted  by  the  ptHjpIe,  infra,  p.  272. 


2J.i 


THl-    INITlAnVK,    Kl.l  KKKNDl'M    AM)   KfUALL 


I 


r  r 


At  this  I'Uiiioii  Votes  tniiflit  he  cast  also  fur  <Ifle^fates 
to  the  national  uoniinatiiij;  cniucntion  and  lor  presi- 
•  Icntial  (.'Ifctors.  hy  a  nutho<l  intcndt-d  to  st'cm-e  pro- 
IK)rtionaI   representation.      The  e\|K'nscs  of  tlie  men 
thus  selected  as  delej^ates  to  tlie  national  toiueiitioiis 
were  to  he  |)aid  from  the  state  treasury,  up  to  the  hmit 
of  $_'(M)  for  each  de'ej^ate.     'I'he  pro|)osed  law  accorded 
to  each  person  rej,'ularly  nominated   for  president  or 
\iie-president  of  the  I'nited  States  hy  a  pohtical  party 
reco.i;iii/ed  as  such  by  the  laws  of  Oregon,  the  use. 
^i^nitis.  of   four   pages  in   the   state   campaign    hook, 
wherein  he,  or  his  duly  accredited  representatives  or 
supporters,  might  set  forth  the  reasons  why  he  should 
be  elected.     iMpial  spaces  were  made  available  to  per- 
sons nominated  to  be  delegates  to  a  national  conven- 
tion or  presidential  electors,  and  to  any  qualified  elector 
of  a  political  party  who  might   favor  or  oppose  the 
nomination  of  any  person  of  his  own  political  party  as 
its  candidate  for  ])resident  or  vice-president;  but  each 
of  these  unprivileged  characters  was  to  pay  at  the  rate 
of  $i(X)  a  page  for  this  "  leave  to  print  " — a  regula- 
tion which  might  with  excellent  effect  be  applied  to 
post-inortcin  issues  of  the  Con}::n'ssi()iial  Record. 

A  second  constitutitjnal  amendment  put  forward 
by  the  People's  P(nver  League  proi)osed  certain 
changes  in  the  state  judiciary.'  Ii  |)rovided  that  the 
judges  of  all  courts  should  be  elected  for  a  term  of 
six  years ;  allowed  the  sujireme  court  in  its  discretion  to 


i)m\ 


'  AJopttii  by  the  peopk-,  infra,  p.  273, 
236 


YEAR   OF   FM'OFM.KS   Rll.i:   1\   ()RE(jON 

take  original  jurisdiciK.n  in  iiuiik/iihiiis,  ([iio  ^cor-nntto 
and  habeas  corf^us  iiiocmliugs;  and   introduced   ilit- 
provisir.n  that  "  in  civil  cases  tlirec-fnnrths  of  the  jury 
may  ren.ler  a  verdict."     It  prohihitcd  rc-trial  <.f  any 
case,  "unless  the  court  can  airmnatively  say  there  i^ 
IK.  evi.lence  to  stipport  the  verdict."     in  case  (.f  an 
apiieal,  it  provided   fur  artirniancc  of  judgment  not- 
witlistandinjr  any  error  committed  (hiriii^^  the  trial,  pro- 
vided the  supreme  court  -  .s  of  the  opinion  that  the 
jufigment  was  such  as  should  have  been  rendered ;  and 
it  directed  that,  if  tlie  supreme  court  should  he  of  the 
opinion  that  it  could  determine  wliat  jud^Miient  siiotild 
have  In   n  entered  in  the  court  below,  it  should  enter 
such  jndgtnent.     As  oris,rinaIIy  proposed,  this  measure 
provided   that    "only   such   opinions  of   the   supreme 
court  shall  be  printed  as  decide  new  <|ui'stions  of  law, 
or  the  meaning  and  construction  of  the  statutes  and 
the  constitution  of  Oregon  and  of  the  United  States, 
or  that  reverse  foriuer  decisions  of  the  court."     But 
that   provision   was   pruned   down   to   tiie   ff)ll.nving: 
"  .\t  the  dose  of  each  term,  the  judges  shall  file  with 
the  secretary  of  state  concise  written  statements  of  the 
decisions  made  at  that  term."     This  amendment  left 
unchanged  an  unusual  feature  of  the  Oregon  constitu- 
tion :    "  Public  officers  shall  not  Ik?  impeached ;  but  in- 
competency, corruption,  malfeasance  or  delinquency  in 
office  may  be  tried  in  the  same  manner  as  criminal  of- 
fenses, and  judgment  may  be  given  of  dismissal  from 
office  and  such  further  punishment  as  may  have  been 
prescribed  by  law." 


•mmmmm 


'    I 

I;  I 


Till     IMTIAIIVE,    kl'IKKKNDlFM    AND   RKCAF.I, 

A    project    moR-   cliaractoristic   of   \hv   "  |)fo|)le"s 
rule"  uioveiiKitf   was  a  fmilier  moasnn-.   wliicli  was 
proiKised  by  initiaiive  |)eiiti..n.  providiiij^   for  the  es- 
tal)lislininit  of  a  iM.ai.l  ,.f  three  "  iieo|»Ie  s  insi)ectors 
of  Kovernim.it."  •  to  be  elected  for  a  term  of  two  years 
by  a  method  intended  to  secure  proportional  represen- 
tation.    These  censors  were  to  devote  tluir  time  ex- 
clusively to  the  iK'rformance  of  their  olVicial  (hities. 
They  were  *•  to  have  at  least  one  of  their  number  pres- 
ent at  all  times  at  every  session  of  each  house  of  the 
legislative  asscmhly.  and  to  be  watchful  f..r  any  defect 
or  imiarfection  in  the  state  and  local  systems  of  gov- 
ernment."    Upon  demand  of  one  member,  the  lK)ard 
was  required  to  investigate  and  rt'ix.rt  on  the  man- 
agement of  any  public  ofllce  or  any  institution  sup- 
ported wholly  or  in  part  by  public' funds;  and  wide 
powers  were  given  to  the  board  in  onler  t..  enable  it 
to  ascertain    facts  pertinent  to  its  in(|uiry.     The  re- 
sults of  such   investigation  were  to  Ik-  published   in 
the  ()rc<;,ui  Onkial  Gazctic,  a  publication  which  was 
to  be  issued  at  least  every  two  months,  and  was  to 
be  mailed  at  public  expense  to  "  every  head  of  a  family 
who  is  a  registered  voter,  and  every  registered  voter 
who  is  not  a  member  of  a  family.'*     To  others,  the 
subscription  price  was  fixed  at  one  dollar  a  year.    The 
proiM)sed   law   required   the  board   to  publish   in  the 
Gacctfc.    without    unnecessary   delay,    not   only    their 
own  reports  but  a  great  variety  of  specified  docimients 


■  Rejected  by  the  people,  infra,  p.  271. 


YEAR  0|-   PEOIM.ES  RULE  IN  OREGON 


relative  U>  govcniimMit,  i\  g.   "all  publications  that 
may  be  required  by  law  to  fw  mailed  to  every  regis- 
tered voter."  '     I'ivcry  deiwrtment  of  the  state  or  <»f 
any  county  or  municipal  government  therein  was  to  In- 
subjected  to  the  scrutiny  of  the  insi)cctors.     The  pro- 
|H)sed  law  insisted  that  such  investigaticm  and  publica- 
tion should  be  '■  solely  for  the  information  of  the  jkm)- 
ple  without  motive  or  desire  for  jiersonal  or  partisan 
advantage."  and  forbade  the  publishing  of  "  any  mali- 
cious, libelous  or  personally  abusive  communication  "; 
it  was,  however.  siK'cifically  re(|uired  that  they  should 
publish  **  any  <  riticisms  or  complaints,  not  exceeding 
two  hundred  words  each,  of  their  own  otTicial  acts." 
The    law    provided    that    these    inspectors   should    be 
elected  biennially.  Ix'ginning  in  1912.     For  service  1)C- 
fore  that  date,  a  temiwrary  Ixjard  was  to  l)e  api)ointed 
by  the  governor.     He  was  to  c  II   for  three  recom- 
mendations (.f  nominees  from  each  of  the  following 
bodies:  the  executive  committee  of  the  State  Grange, 
the  executive  committee  of  the  Oregon  State  b'edera- 
tion  of  Labor  and  an  assembly  of  the  presidents  of  the 
boards  of  trade  and  comnicrci:  1  organizations  of  the 
state ;  and  he  was  to  name  as  a  m-^mber  of  this  tempo- 
rary board  one  of  the  three  nominees  submitted  by 
each  of  these  bodies.     If  the  framers  of  the  bill  put 
this  forward  as  a  model  for  future  boards,  it  is  of  in- 


'  If  the  Oregon  CampaiKn  Book  could  thus  he  brought  out  as  an 
issue  of  an  official  gazette,  it  would  be  entitled  to  second  class  postal 
rates.  On  the  last  issue,  that  would  have  involved  a  saving  to  the 
state  treasury  of  about  $2,500. 

2J9 


ff 


THE  iMilATiVE.   KULKKMH  m   AND   KEi  ALL 

tcrest  to  ,„,c  ,hc  ,.ro,.,rtin„af.  i„n.,nHv  Uvw  all..„nl 

to  jJifTcmu  dcMKMts  in  ,1...  ,,,p„|;,,i..„  ,„  ,lK.  f.,rn,iML^ 
anclfxecufiMKof  ,,„|,Ik  ..iMiii-.n. 

Hy  s..,nc  .urulc,..  „..  s,..,,(u.  s.L.rv  fnr  rlu-  mMHv- 

ors  U..S  mc.n.,o„c,l.  al,h.,j,,,  H  ua.  cxprcsslv  Otularnl 
••••'     'H;i-anr-shJIn..tappIv,.>,,KK,H^^^^ 
>unl.ly  <or  any  .-.ppn.i.riati..,,.     h  ,s  i„tn,.|nl  that  these 

n.siKTtnrs  .shall  Ih- m.Upnuinit  n,  all  other  ..Oiccrs  an.| 
inmers.  except  the  penpU-  .„  („,,^.,„,..     .,.,,^.  ^,,,,^  ,^^ 

not  „,ore  than  $,3.xK>  was  to  U.ex,.„,I.,hv  then, 
for  cxiKTt  aceount.H.ts  an.l  utlu,-  assi.,a„„  i„  ;,„ki„., 

•"vesti^rations.  hnt  the  total  expense  ine.nre.l  for  sala 
ru-s  an,l  other  char^n-s  of  the  U.an|  and  t..r  the  p„h. 

Mm,  of  one  dollar  fo,-  .aeh  re^n'steml  vo„r  i,,  ()re,..n. 
I"    lu-  ^.r.^nutl  pro,H.sal  an.l  in  the  revised  pn.posal 

of  J.nuu.ry.,,,o.  was  a  provision  «inn.  tl.e  n,U- 

shonldT     ,'"        r'""  '"  •'^'•-"•'■"i"^'  -l-at   nutter 
^honld  he  adnnfted  to  ,he  Cu.crlfr  f  n  e  of  .harcre   ri'  ■ 

xvhLr'rf '"/V''^''''' '''^'''  ••'^'^^  ^'  ^•'■"""••"i^-tion 

uh,  h  the  hoard  ,|oes  n.,t  consider  of  sntVuient  n.ter- 

.or  pnl,hcat,on    he  n.ay  pay  at  reaso„ahle  colnn.u 

r.^cs.  to  1..  I.xed  by  the  hoanl.  for  the  pnhlication  of 
not  exccedn,^^  three  colnmns  in  any  issne."    Thi.  nn- 

v.su.nd..:,,,t  appear  in  the  meastue  hnally  snhnntted. 

V    .K„  the  n.spectors  were  nppan  n.ly   r.nun.l  to 

msert  any  comnu,nuar,o„  which  a  cn.xcn  nn^d.t  s„I.- 

m^tn.  ess  they  co,nd  ...elude  it  on  tlK.  ground  t^ 
NNas      mahcous.   hhel<,ns  or  person,  llv  ahnsive  -  or 
possibly,  on  thegronn.l  that,  after  pnblis'hin,,.  the  otlical 

J40 


YEAR   OF   flXiPLIiS   Kill.:   IN   nHliV.OS 


Mi.iurial  incntiontvl 
not  be  ahU-  |..  print  ili 


•xcecdiriK:  the  liiiiii.ii 


or  iri.laatc.linilirlaw.  iluy  wniM 
nu/xt\\  lonirihiitiun  \viili..iit 


IM 


n  iinjK.sriJ  tiiM.ti  tlitir  tutal 


t\- 


iwiidjttircs. 

My  far  then,,    t  dalHTat.  „ul  im,..,,.,,,,.  |,..u..,,r. 

'f  llK-  .ncaM.ns  ,.,„    for„anl  |,y  the-  IVupU-s  F..uer 

league  was  <„,.  ul.id,  co.unuplatnl  a  sNMvmatic  ri- 

uasM..,„.sc.|.y.n,natnc,.titin„..     My  pK^enu-al  a,.,| 
nrclau..!    acts    ..,    ,,,,„,„,„,    OrcKon-  -|..ll..vnl    l.v 

-  new  cloth  .r  tlK.  nntKUiu.  and  ..f.reu  J.  ^ 

lo^rr;'  ?"''"''•''••'■'•  "--tiastwaH 

.  pro -t  ,vhKl^  „MlH- npini..,,  .,- i.s  a.lu.c-afcs  (Who 
.'vc  l>ecM.  ,k-  sumssfn!  .  lK„n,..„s  nf  Wirm  Ic^^^^^^^^^ 
'•;"»•    -n.,I.|   cs.al.hsh   logical  au.I   d-fccive   rchmons 

;. a;n. hHau -„K.U„,w....r  the, ..pleat. he  p<>,;: 
ami  that  ..f  the  rq.restntalive  lejfislaturc 

At  the  ..t.tset    this  pro,K.scd  constitutional  amen.I- 
muu  "'nnnlatol  the  powers  reservclhv  the  ,K-nplo  to 

'nnseivcs.„anKly.  the  initiative  and  the  referen^^^^^^^^ 
I  nt.at.ve  nuast.rcs  should  he  put  Ix-fore  the  j.-oplc  on 
''^•'"••-<'  -^  -'   M,ore  than  ei,ht   ,kt  cent.   or.  ..t   the 

n-v^.  50....,  ..f  the  Ic^al  voters,  and  shouM  he  (iled 
th  he  secretary  of  state  at  least  four  n.onths  l>e,ore 
ti.  elec  ,ou  at  wh.ch  they  were  to  he  voted  on.  The 
refcren.hnn  nn.st  he  applied  to  anv  constitutional 
amondnu-nt.   and   n.i,d,t   he  ordered   n,..„  anv  act   o 


'  K«-'Jt^^twl  by  the  people   infra   p.  272. 
J41 


i 


..    .v\i 


urn   IXIIIAII    I,,    ki  IKKINDIM    AM)   KKtAII. 


f 

I' 


tliv  U'Kt-htii'  Uy  »ivt  itM  cent,  or,  at  thi  iiH)^  l»y 
i?'»i  m..n-  tluiii  jo.tHKj,  I  tin-  tcjf.'il  M.fers.  It  inij^lu  In' 
a|<j>Mn|  til  ii  iivi.huil  iic-m>  of  a«  ts  ..f  the  li'i:i>latnre; 
ai»<!  any  ithn  isr  jn  ajipiopKaiiniis  f, ,t  tin-  inaintcn,  nee 

•  'I    tllf    >t.itr         >\t     't,  ifilt    .1     ..|    til,.    in^ttlllMoMs         .^ 

|n»r  c<l  l»\    -lalf   fuiiils   w.iH  I..  Id    siih|«rt  tlnuio        ii 

on    -  thai  •!  i«  ,,  ti  rtmlum  mi^'hl  havi-  full  «H«.fK  .  it  \\.i> 

)"'  \i«l(      til....  (      tpt  it)  ca>f>  "f  i-ijutL;cin y.  i    .  act  of 

kKiHlatiirf  sli..ii!.i  taki-  iff«  tt  until  tiiiHiy  d  «>-»  from 

rhe  tii.j  ,,(  th    si'.s?.!.  II  at  wliirh  it  was  |»assftl.     Ina'»- 

uili   li'-ucMT,  a-         «•  in.Mitli.s'  (III  ly  mis;||i  .n  times 

">\r       ^a^l Kills.   Ii        IS   jipiVMlfil  that   any   mea-.»ire 

i<        .'IK'   ciiatii);    or   alKilisJMny    M.me     irtitc    or 

liani;         (!u    salary,  frriii  ..r    lutics  of  some  otVuvr  ) 

mIioiiIiI       ,   into  i'lFtit    iniiiif'li.jtfly  u|H)ii    ils  i»;»s   .^^c. 

provj.lf.     thriT  foil  Mis  .,f  alt  fli.-  mtMnU'r.s  <K«tc<l  to 

rarli  liou^.  *'  ^|,.,||  \    .,-,  on  a  s»|urali-  roll-iall.  in  fav..r 

t.i  ni>»  lilt  .i|Kt,ttiMii  inratisc 
ifimu'iliate  iufscrvation  of  tlie 
^atcfy."  I",\«n  siuh  a  mcasnie 
iihsf.|iiciit  ri-fen  M<!uni,  hut  it 
iiilil  ilic  aiKcrsc  \>)te  should 
lUier  |>ro\iilt'(i  thai  no  uu-asiirt" 
af.i»ro\f.|  hy  vr.tc  of  till  |K'o|>Ic  colli, I  Ik-  rcjK-ak.I  or 
auK'tKltd  hy  tin-  lf.i(islati\c  a-stmhly.  ixct-pt  by  thrcc- 
foiiiths  vote  of  all  the  nKinlH.T-,  citvtol  thereto.  iVo- 
\i>i.  n  was  alsfi  made  for  the  use  <.  the  initiative  and 
referendum  under  similar  v<  idnj.  is  in  nninieijial  af- 
fairs. 

'l"hc  niake-ui)  and  i»o\\(  ,>  ,if  the  lepresti.tative  leg- 


of  till    mea^iiie     ■ 
it   !•-   necessary 
pnltlc  |*eaie.  In 
mij,dit  l>e  anniilK 
was  to  remain  m 
lie  declared,      ft  ua^ 


VEAk  OK   PKOI'LES   RULE  IN  ORKcjo^ 

i-latiiri-  were  nt-M  mi    (nrih      Hi.    m  ,nUr.  were  |.. 
MUMin  muluuiKf.l;  ihirty  iihiuIki.  of  i|,v  senate  aii-l 
Hixly  ..f  ihr  LouH-.     1  Ik»c  xxcrc  to  U-  choMii   fr.un 
Mitli  ilislrict.H.  toin|K.sti|  of  i..iihj^rn,,ii^   iirritory,  ai 
>hnul.|  k.  pn.vi.lcl  l.y  law;  t.tit  nsuWinv  w.tlun'tlH- 
•  livtriit  wa-*  not  mniird.    On  Hu-  oik-  ha,„|.  the  m»-m- 
I»»t\   |M>siti«m   was   Mihstamially    Mn  timhciuwl   |,y   m 
creaHJii^r  elic  term  of  scnaL.rs  fiutu  four  to  six  yiais 
an.l  that  of  reprfscnlativcH  fr.im  tw..  !<•  six  years;  but 
this  was  ofTst-t  h\    ihi-  m-all.  uhiil..  ..ii    innaiMl  of 
fvviiily-fivc  |Kr  aiii    ..f  the  voters,  nii^rhi  Ik>  invoked 
n..t  only  ajjainst  an  in.livi.hial  nu-mlKT  Init  against  the 
senate  or  the  |,ni,sc  ,  „•  the  enfir.-  legislative  assembly. 
r<erall  |K.'tili..ns  must  Mate  in  ii.a  njore  than  two  htin- 
•  lre«|  words  the  reasons  f.)r  sneh  aetion.     The  tiling:  «d 
a  recall  |K>tilion  re.|tnrinj;  a  general  eleetion— in  other 
words,   the   (onnal  initiation  of  a  measure  to  "  turn 
.•II  the  rascals  out  "—was  to  o|>crate  as  "a  complete 
suspensi..n  of  all  the  jK.wer  Knuite.l  by  the  i-<>oplt.  of 
Oregon  to  the  legislative  assembh.'  until  the  returns 
should  J)c  determined. 

The  mei  iIrts  of  U.th  houses  of  th,-  legislature 
were  to  Ik-  elected  by  a  novel  system  of  proi)ortional 
representatio...  the  intent  l)«'in.ir  that  any  one-sixtieth 
of  all  the  voters  of  tlic  state,  votinj,'  ff)r  one  fn^rson 
for  representative  should  elect  him  an<l  that  any  (.ne 
thirtieth  shoul.l  l)e  enabled  to  elect  their  can.lidate  for 
the  senate.  The  nomination  was  to  be  by  districts. 
^^  '  election  by  the  voters  of  the  state  at  larjje. 
•*s  n.itne,  whether  for  the  senate  or  for 
i4.^ 


IM 


THE    IMTIATUE.    RK FEREXDrM    A.VI.    RfXALL 
tlie  h.n.s..   was   ,..  ),,   pnnlal  ..,.   ,|,,   !,,„.„   „„,,   „, 

HechstrKtmul,Khhe.shuuI.Il,c,,o„,,„au.,l:l,,,t'anv 
legal  v,.tcr  i„  any  ...her  clistrut  n,i«lu  v.-.e  f.,,-  Inm 
hy  wr.t.ng  his  name  „,K)n  the  I,all..t  o,-  hy  usi„.r  , 

■^tK'ker        :ad,..ter.  however,  was  to  V.J  f"^^^^^^^^^ 

^ecan.h.Ueforsenat.M-a„.i,^ 

N      auh.Iate  for  nonnnation  was  to  he  pernmte.I  to 

urulate  h,s  petition  or  pay  for  its  cira.lation  o„tsi,Ie 

f  the  nonnnatn.K^  .hstriet  in  which  he  reside,!       At 

tiK"  general  election,  each  can.Ii.iate  for  the  legislatn're 

was  to  he  entitled  .o  have  pnmecl  on  the  offK-n  hallot 
against  h,s  nanie  his  "  platformette --a  statement  in 

not  nK>reth.uUwe.vv  words  of  his  pohtical  faith  c^^^ 
his  pled.i,a's  to  the  people. 

In  connting  the  vote,  the  total   nnn.IxT  of  votes 
cas    for  senators  was  to  be  divi.led  hv  thirty  and  that 

fi^lfi ,.."'"'''"'''''"'  '^>^  '^^'y-  ^>'^  -esultan't  nnmbers 
fix"  g  the  .,nota  of  election  -  for  each.  Then  the 
whole  nnn,her  of  votes  received  I.y  all  the  candidates 
of  each  party  was  to  he  divi<Ied  hy  this  ,nota  of  elec- 
tion; the  qnot.ent  for  each  party  was  to  in.licate  the 
•"'mer  of  representatives'  (or  senators',  seatVto 
wh-ch^^^^^^^^^^ 

of  party  candidates  who  shonid   have  received    each 

;Hnmself.  the  fn.l  ,nota  or  nearest  to  the  f.d'', ^ 
of  u>tes  should  be  thereby  electe.I.     Anv  independent 
candidate  who  should  receive  for  himsdf  a  .ItTo! 
votes,  or  a  number  greater  than  the  highest  remainder 
of  any  jKirty.  shotild  be  therebv  elected 

It  is  evident  that  the  Swiss  'free-list  system  had  re- 

244 


VFAR   or-    IT.OI'I.K-s   KLIJ.:   ix   (jrkcjoN 


ceivt'd  lart'fiil  stiuh.     It 


<hstruts    cairdidatrs    of   tlie 


was  assumed  tliat  ••«  most 


more    prominent    parties 


^^""'•l    I't-   init    f..rwar(l.   I.nt    that   a  sin^le-taxer   nr 
sonalist.  ,1  at  stronjjly  marked  |)ersonalitv  or  ix.vver 
o    kaderslnp.  uw^Ui  so  enlist  the  loyalty  of  snp,M,rters 
all  over  the  state  that  they  would  suhstitute  his  name 
h.r  those  <.t  the  eaudi.Iates  nnminated  in  their  own  <lis- 
tmts.      I„  „K,kinj,r  state-wi<Ie   the  coustituenev   from 
wh.di  representatives  were  to  be  chosen,  i.n.portional 
representation  woul.l  have  been  subjected  to  a  severe 
strani.     In  the  writer's  opinion,  the  chances  of  its  sat- 
isfactory  w..rkin-   u„„ld    be   ,^aeat!v   increase.!    if   it 
were  apphed  t..  .listricts  electin^^  not  more  than  from 
live  to  ten  numbers. 

\'acancies.  except  tlh.se  created  bv  the  recall    were 
to  be  hlled  by  '•  seatinjf  the  <|ualif,e(I  candi.late  from 
the  same  party  as  that  of  the  retirin^^  officer  who  re- 
ceived for  himself  nearer  to  the  (,uota  of  votes  than 
any  other  can.ii.late  of  his  party  who  was  not  elected  " 
This  proce.lure  is  open  to  obvious  and  serious  objec- 
tion, particularly  in  view  of  the  pro,K)sed  term  of  six 
years— a  term  louj-er  than  that  accorded  to  a  legislator 
m  any  other  American  state.     Fartv  complexion  may 
undergo  great  changes  in  .such  a  i)eriod.     There  is  lit- 
tle assurance  that  a  Democrat  who  narrowly  escaped 
election  m   1892  would,  by  virtue  of  that  fact,  have 
heen  an  acceptable  Democratic  representative  in' 1897 
Republicans  of  the  vintage  of  1897  or  of  1907  might 
nee.I  to  be  re-certified  in  1900  or  in  1910.     Another 
detect  lay  upon  the  surface;  district  nomination  was 

24.'; 


J 


THE  INITIATIVE.   REFEREXDLM   AND   RECALL 

re(|uire(l  altlum^'li  district  residence  was  not.     Doubt- 
less, in  nine  cases  out  of  ten.  the  representative  would 
he  a  resident  of  his  own  district.     Hut  in  case  such  a 
rei»resentati\e  should  die  or  resign  during  the  course 
oi  his  six  years'  term,  his  place  would  he  filled  auto- 
matically hy  the  man  of  his  party  name  who,  ixissihly 
live  years  earlier  and  necessarily  in  ano»»'i'r  district, 
happened  to  have  escaped  election  by    ;  ,  narrowest 
iiKir^iii.     In  short.  Ixith  this  hirm  of  pr.  |K)rtional  rep- 
resentation and  this  method  of  filling  vacancies  are  at 
fault  in  over-emphasi/ing  party  lines.     In  state  rela- 
tions national  party  lines  have    .nly  a  secondary  and 
mint.r  justification;  and  yet.  Ui   !er  thi-  plan,  the  party 
lak'l  was  to  determine  who  should  fill  a  vacancy  long 
years  after  the  label's  significance  might   have  been 
utterly  lost. 

No  distinction  was  made  in  the  (jualifications  for 
membership  in  the  two  houses;  the  candidate  must  be 
a  citi/cn  of  the  Tnited  States,  at  least  twenty-one 
years  of  age.  and  a  resident  of  the  state  for  at  least 
five  years  kfore  his  election.  It  was  proiwsed,  how- 
ever, to  make  a  substant'al  increase  in  the  compensa- 
tion of  the  legislators.  Under  the  present  law  it  is 
not  more  than  three  dollars  a  day.  with  the  further 
stipulation  that  the  entire  per  diem  allowance  shall  not 
exceed  $iJO  in  any  one  regular  biennial  session.  Under 
the  proposed  measure  each  menil)er  was  to  receive 
an  annual  salary  of  $350.  together  with  a  mileage  al- 
lowance. F.ach  house  was  tr)  choose  its  own  officers 
and  standing  committees:  but  the  pre-'iding  oflficers, 

246 


YEAR  OF  rr:opi.F.s  Rui.n  ix  Oregon 


though  elected  hv  their 


rtive  hctUM-^.  "shall  not 


be  inemlxrs  .)f  the  legi...  i<c  nsseinhh ,  -.u.r  hold 


other  offue  nt  the  same  ti 


inv 


The 


V    .s  K 


committees,  and  shall  haw  no  voice 


lative  hiisiiie 


ss. 


luidcutl 


any 
i.ot  apfxjjnt 
V'jfe  on  legis- 


V  "  C'annoni  .;:i  "  was 


proved  I IV  the  framers  of  il 


not  ap- 


ns  project.      !  v\(j-thirds  of 
)nally   :.-'rj>i  (jufirum   re- 


each   house  was   the   e.\ccpti( 

quired  to  do  husiness;  in  case  either  Icuse  should  fail 
to  efifect  an  organi/ati«.n  within  f;<  e  days  after  such 
quorum  should  he  in  attendance.  '•-•  tiiemhers  were  to 
receive  no  compen.sation  from  th.  i  of  the  said  five 
days  until  a  .  organization  should  have  been  effected. 
This,  howc'.i-.  wonld  no«  prevent  the  recurrence  of 
the  exi)erience  of  1897.  when  throughout  the  time  ap- 
pointed for  the  session  the  legislature  failed  to  etifect 
an  organi/aticni  because  the  re.piisite  (|Uorum  never 
appeared. 

A  majority  of  all  the  meml)ers  elected  to  each 
house  was  to  be  necessary  to  i)ass  any  bill.  The  yeas 
and  trays  nrust  Ix-  entered  at  the  reqirest  of  any  two 
members  oir  any  (prestion  except  a  motion  to  adjourn 
— on  which  the  demand  mnst  fre  sujrjKJrted  by  one- 
tenth  of  those  present.  Strangely  out  of  date  and 
empty  of  sViiificance  irr  this  radical  measure  sounds 
the  familiar  r-  striction  tiiat  bills  for  raising  revenue 
should  originate  in  the  lower  house.  There  was  a 
f(^rnu(lable  list  of  acts  excluvle»l  from  the  competence 
of  the  legislative  assembly,  with  no  less  than  sixteen 
items,  jncluding  the  enactnrent  of  "  any  local  or  general 
law  extending  or  granting  ihe  power  of  eminent  do- 

247 


I!     « 


Tin:   INITIATIVE.    KKI'KKKXDUM    AND   KKCALL 

main  tc  private  c..riK>rati.)ns."     Painstaking  effort  was 
imt   J..rth  to  .levisc  c\Krk>  i,,y  tlu-  alnises  most  jirov- 
alent    in    U-ishitive    assniihhVs.      1.,    pn-vcnt    nn.lue 
Iiaste.  It  was  provide.!  that  hills  intr.uhue.l  after  the 
twentieth  .lay  of  any  st.s>i,„i  shonl.l  not  be  passed  at 
that  session,  unless  as  enier;,a-ncy  measures;  ami  tiiat 
none  but  an  enierKeney  measure  should  be  passed  until 
it   had   been    printed   and   in   the   possession   of   each 
house,  in  its  final  form,  for  at  least  five  days.     Xor  was 
any  nu-asure  to  be  altere.l  or  amended  on  its  passa^'e 
thronijh  either  house  so  as  to  chan,i,a'  its  oriijinal  pur- 
pose.     Issue-dodyiiijr  and  the   shirkinj,'  of  legishitive 
duties  were  to  be  diseouraKe.l  by  the  de.luction  of  ten 
dollars  from  the  salary  of  a  member  for  each  failure 
to  vote  on  a  roll-call.  unles>  such  meml)er  were  excused 
by  a  yea  and  nay  vote  oi  i  maj.rity  of  all  the  mem- 
bers of  his  house.'     An  attempt  was  made  to  combat 
the  evils  of  secrecy  by  the  re.|uirement  that  the  doors 
of  each  house  and  of  all  committees  should  be  kept 
open.  **  except  only  in  such  ca.ses  as  in  the  opinion  of 
either  house  reqiure  secrecy,  but  in  every  such  case 
the  yeas  and  nays  shall  be  entered  on  the  journal." 
Committees  were  required  to  be  "liberal  in  allowing' 
public  hearings  on  measures:  the  chairman  of  every 
conanittce  shall  notify,  in  wrhmg.  all  persons  who  ad'- 


« Those  who  h.ivc  found  Amorican  patriotism  personified  in  the 
Hon.  Wilham  R.  Hearst  tn.iv  !„•  intrrrsted  to  compute  how  such  a 
rule  as  tins  would  have  worked  liad  it  b(>en  applied  to  his  recent  ser- 
vice in  Congress.  It  was  rep..rted  that  during  the  71  days  of  il„. 
short  session  of  the  59th  Cun^ress  he  was  recorded  as  atisent  69  days 

248 


"r;  ^im^mm&t'^'^:rw'^:\m'^ 


^IFtT 


VKAR   Ul    I'KOI'LKS    RUIJC   IN   OREGON' 


vise  tlie  foiiirnittee  of  tlieir  desire  to  W  licanl 
measure  in  its  eliarj^^e.  of  tlie  time  of  >>kIi  1 


oil  ativ 


TI 


lese 


Or 


eiiDii   relormers 


leaniiij. 
(i    1. 


apparently  rejrani  lojr- 
rollinj,'  as  the  most  noxious  of  lej^islative  «Iistemi)ers, 
an.l  as  a  si)edrie  aKsiinst  it  '  'levised  the  loll.,vving 
oath,  to  I)e  taken  hy  every  memher: 

"  I  <Io  furtlier  affirm  and  promise  the  voters  of  the 
state  (jf  ()reK««ii.  that  dnrin^r  my  term  of  office,  in  aet- 
1111,^  or  v<.tini,'  as  sneli  ofVicer  upon  any  measure.  I  will 
always  vote  s..lely  <.n  my  judj,'meut  that  the  hill  or  reso- 
lution will  or  will  not  advatiee  the  .t,'eneral  welfare,  amt 
without  reference  to  the  vote,  action  or  caucus  of  mem- 
licrs  (.11  that  or  any  other  measure,  and  without  any 
imderstandinjr  (except  my  puhiic  pled^^es  to  the  people 
or  instructions  from  the  people)  in  any  form  with  any 
memher  or  pers..ii  that   1  will  aid  or  he  friendly  to  a 
measure  in  which  he  is  interested  l)ecause  he  will  or 
may  he  inclined  to  aid  one  in  which  I  am  interested." 
As  a  crowning  safe!:,aiar(l.  it  was  provided  that  seats 
and  de!,ks  should  he  pn.vided  on   the   floor  of  each 
house  for  the  "  people's  inspectors  of  government."  if 
such  officers  should  l)e  created  hy  law. 

F.arly  in  the  spring  of  1910  it  hecame  evident  that 
the  election  in  Novemher  would  he  hotly  contested. 
The  cau.se  of  the  ujirising  was  dis.satis faction  with  the 
working  of  the  "  Oregon  system  "—in  particular,  with 
the  fetter  imposed  hy  "  statement  No.  1  "  ui)on  can- 
didates for  the  legislature  in  pleilging  them  to  vote 
for  the  jK^ople's  choice  for  United  States  senator.  Such 
a  rcf|uiiement  is  of  course  ohnoxious  to  the  machine 
17  2A0 


THE  l.V,T.AT.VE,   .E,.-,.KK.-:„i  .M   AND   RECALL 

sTsUn,'"".^  '""■''  •"""  '-~''«-«'l  •'■••..  .I,e  ••(>..«„„ 

5'>''tcm      has  shown  that  it  nnv  v    i  i  . 

siihs    lit.i..      I     1       ,  ^^  -^  ■'''  •'•"•"".'lions  re- 

rt  '.'•"'''  '"  ^^''^'^  sntisfaclion  to  n.cn  of 

"     .    ,  .Ifnnu  ty,>c-„u.n  who  arc  f.nn  l^licvcrs  h 

a  n,^  ,,,,,,,,.,.,, ^,„^.,.,_^^,  l'"<'ernonnaar 
(iinon.i,  (jriMriii        ,    ,,,1  „,      II       , ..  v«»ii 

jo.i.v„f2,  ...  ^'"vJ':;r;'""^''''^- ''>■■•' ■"••'• 

.!«ifo  .••  ''^  "'^  present  f  inc  the 

,,..„    K^        ,  '"  ""■  ••"•""""ce.i  that.  Ik„„„|  |„.  „,„,,. 

-Lie, r  ;,  :;;,r''^%"-'' '-"s - 1,. a ,,„ 

^50 


Iti.r';'--'- ;*:=t«:  i 


YEAR  OF  PKOPLES  RULE  IN  OREGON 

to  tnany  of  the  old-time  leaders  of  the  Republ 
and  the  most  ir)Miiemial  newsnaper  of  the  state 
out  with  the  declaration  :    "  Republicans  of  Ore 


leans ; 
came 


.  -.Jjfon  m- 

U-iid  t<.  repu.hate  Statement  No.   ,.     They  intend  to 
Mi^'j,a-st  in  assemlily  or  convention  canchdates  f.)r  ihe 
I'nniary.  an.l  will  pnt  the  knife  into  each  and  all  wh., 
.leclare  for  Statement  No.   ,.-    This  n.ovement  made 
such  proK^ress  that  early  in  the  summer  "assemblies  " 
convened  in  the  several  counties  and  in  July  a  state 
••assembly-   brouKht    to^a-ther   some   ei^d.t    hundred 
'lt•IeK^•ltes  "to  select  and  recommend"  candidates  for 
(  ongress  an.l  for  the  full  list  of  state  offices.     But  r 
a  rose  by  any  other  name  will  smell  as  sweet,  so  i  .  ■ 
"  assembly."  as  its  opiM.nents  had  confidently  predicted 
gave  forth  odors  in.listinguishable  from  tlxxse  which 
had  led  the  Oregon  voters  to  banish  the  "  convention  " 
1  lie  Orcgomni.  which  had  stood  sponsor  for  the  as- 
se.nbly  sch.me.  acknowledged  that  in  the  most  imr«,r- 
tant  coiuity  in  the  state  the  county  (.rganization  had 
heen    •  too  much  in  hands  that  di.l  not  have  the  gen- 
eral  confidence   or   public    respect";   and    it    became 
known  tljat  on  the  eve  of  the  meeting  of  the  assembly 
there  had  been  held  a  secret  conclave,  at  the  office  of 
a  local  corix.ration.  attended  by  the  representatives  of 
arge    financial    and    commercial    interests,    who    had 
looked  over  the  whole  field  and  had  place.l  their  stamp 
of  approval  upon  a  full  slate  of  candidates.    With  the 
work  of  the  assembly  thus  discredited  in  advance    it 
js  not  strange  that  in  the  primary  election  in  Septem- 
ber.   despite   the   efforts   of   the   Republican   machine 


ii  f 


u    I 


'HIE   INITIATIVK.    RI-FF.kKNDUM    ANO   RECALL 

workers  t..  put  forwani  the  assembly  candidates  as 
tlx'sc  alune  entitled  i,.  the  joyal  supi«.rt  of  the  Repiil,- 
luans.  many  i.f  these  candidates  met  with  defeat.  Ihe 
(hr>;o„ia,i  rnefnily  altrilnited  nuicli  of  the  .lisasler  f. 
'•the  more  or  less  inisavnry  and  noturions  hanKers-.)n 
"'  l"'t|i  state  and  o.nniy  headquarters." 

I  Iiere  were  ether  si^Mis  <,|  an  impendin^r  reacti..n. 
"  tiic  preccling  .session  „f  the  leKislatiue  there  ha.j 
l>cen  m.lKations  that  the  representatives  ..f  the  people 
were  not  entirely  ac.piiescent  in  the  spirit  of  some  re- 
^•tnt  ••  direct  IcKislation."    l-or  example,  the  legislature 
'flerre.1  t..  the  |H-ople  a  !)ill  providing  that  a  conven- 
•""'  Ih-   forthwith  elected  for  the  pnr,K,se  of  revising 
t  K-  constitntion.     The  People's  Power  Leagne  saw  in 
1  i>^  proiK,sitn.n  a  grave  menace.     Thev  insiste.l  that 
'iK-  nntiative  and  referendum  already  provided  ample 
machinery  for  making  whatever  changes  nnght  he  ,le- 
siraMe  in  the  constitution;  they  professed   fear  that 
•i.e  motive  underlying  this  hill  was  a  pur,K.se  to  "get 
nd  of  the  initiative,  referendum,  recall,  .lirect  primary 
and  Statement   \o.   ,  •';  and  they  rennn.led  the  voters 
"i  Oregon  of  alarnnng  prece.lent.s-cases  in  which  con- 
yeniions  had  refu.sed  to  confine  themselves  to  the  tasks 
""l'"scd  upon  them  or  had  promulgated  a  new  consti- 
tt'tion  wnhont  referring  it  to  the  i>eople.  even  when 
liH'ir  mstruciions  clearly  prescrihe.l  such  reference 

I  lie  preceding  legislature  also  aroused  much  criti- 
f.MU  hy  referring  to  the  pe.,ple  a  c  titutional  amend- 
ment providing  that  state  senators  aiul  representatives 
"^hould  he  elected  hy  .listricts  choosing  only  one  mem- 

-<5J 


YEAR  ()|-  PKOI'I.KS   KILE  IN 


ORE(;ON 


Iter  cacl 
ill 


llu 


cry  ohject  of  this  |»rn|Mis;»I.  it 


was 


..lla'cl  by  Its  niiHs.  was  t..  make  |)r.)|H.rtini,aI  reprt- 
^nitali..!,   itupoxsiMr.      \\\  tlu-   vutirs  r.f  () 


rt'j4<>ii 


ha.l 


•-••■••       ■>  'I  V^<  Ml      ll.|l| 

'"nuinttcl  (!ifmsdvc>  I.,  the  priiu-.pU.  nf  proportional 
MprcsnKatH.n  o„ly  tw..  years  lu-lori-  l,y  a  vote  ,,f 
more  than  three  to  two. 

Willi  a  \oie  MM  these  iiieiiaein,i:  measures  in  pn.s- 
pen.  an.l  with  the  assemhiy  can.li.lates  ahea.lv  in  the 
hel.l.  Ore^ron  pnlitics  early  .IcveloiK'.l  heat!  Iw., 
inotiths  hefore  the  \ovenilK-r  election  there  apfK-ared 
aivl  was  inaile.l  to  every  re^Hstered  voter  in  the  state 
the  official  cainpaiKii  hook— the  ( )re^ron  voter's  p.litieal 
)>nnier  ..r  cram-l).K.k  for  the  cniinij  examination  in 
k^nxernment.  This  year  it  was  lar^jer  than  ever,  con- 
taiinn^  jo8  pajjcs.  This  l«„,k  shows  the  voter,  first, 
precisely  how  each  measure  will  api^-ar  uiwn  the  hajh^t 
thns : 

Proposed  hy  Initiative  Petition. 
"  Women's  taxpayinj,-  sufTra^-c  amendment,  prant- 
iHR  to  all  taxpayers,  regardless  of  sex.  the  right  of  suf- 
frage. 

**  300.     Ves. 

".^01.     Xo." 

'Hie  "yes"  and  the  "no"  under  each  rpiestion  are 
a.Tompanied,  as  indicated  ahove.  hy  a  certain  assigned 
nuniher  hy  which  it  can  he  referred  to;  and  voters  arc 
exhorted  from  the  stnmi,  an<l  in  the  press  to  vote  "  yes, 
••"  .^00."  etc.  Next,  the  campaign  l)ook  presents 'the 
tnll  text  of  every  measure  which  is  to  come  hef.)re 
the  voters.    And,  finally,  there  are  appended  such  argu- 

-25.1 


1 1 


V     n.l 


THK   INTIlATrVE.   RK I.KRKNDUm   ^v,.  RECALL 

incuts  for  or  .-.Kainst  any  meastirc-s  .,h  intcrcstcl  ner- 

s|>"ynay  (lie  with  ,!„•  s,a,.  pnnt.r.  >,Kh  i^ts.,,,.  ,Ji.,. 
u-  U'.re  ccM  „f  ,hc  a.l<litlo„al  pri,„i„^j  a>,.|  pa,.cr.   Of 

IIK-  Jlnrty-twn  „K.as„ri.s  prfsctiU-.l  i„  H,,.   ,,;,„  |h^,|, 
••"ly  ..„c  was  nnacnunpanicl  l,y  sonatlmi^:  in  ;|,e  wav' 
"f  ar^M.nuM.t.  ulnlc  so.nc  c;,II...|  forth  as  n,anv  as  three 
Muho.n,r.hnti..„s.     Tu.../,f,h,  .,f  ,h.  vnh.n,c-8s  of 

he  ..o«  pa^.,s-  ,vcn-  taken  up  l.y  ,|,eso  attempts  to 
I»ersii;„le  the  voters.  ' 

'"  "«-.r.I  to  ean.h.h.tes.  also.  ,he  state  acts  as  a 

•'•>tMlM,inr   of   n.tornution.      f,,    „,e    r.^s,    ,,,,,,,.    ^Hc 

^-M.IM-lH-  ean.h.late  nuy  hie  uith  the  projj  ..ffi,ia,  3 

;^au..nent  of  his  views,  to  the  extent  l.f  L  lu.rilt: 

r  Is.  an.|  he  may  have  printe.l  against  his  name  on 

«Ho  nomnK.,n„0,aIlot  the  quintessenee  of  his  creed    in 
-.  more  ....  .wclve  wonls.     Then,  .nu.er  a  law' ^ 
"/H,   pamphlets  o.npile.I  hy  ,he  secretary  of  state  arc 
|^.|c.L  contaimn,  h.o^raphical  sketches  an.l  ,K>rtraits 
nf  can.lHla.es  for  party  nomination.  ...^^ether  with  the 
ar.nnu.n.s  f.le.I  f.-.vorin,  and  op,.sin,  a-r.ain  of   hct 
he  expense  o,   such  p<,li.ical  a^lvenisin^.  I,ein^.  paid 
f-  hy  .he  candidate  or  hy  snch  of  his  representative^^ 
^..n  thcr  na,nes  ...  ie.     Some  of  .his  n'ateri       or   h" 
ast  elecon  .as  hi.ddy  interes.i,.,,  n.nnin,.  all  the  uav 
fn.m  a  d„mfie<l  setting  forth  of  .he  cand.da.e'l Cn- 
viCons  and  pledges.  o„  ,he  one  hand,  to  slan^v  Ixm, 
f)ast  an.l  demacojry  ,  f  ,he  nnk..>:»  .,...  .  ' 

r-^  rankest  na.nre.  on  the  other 

Pnhhc  speeche     ami  deha.es   ucre   freqnent.      As 

he  e lecon  .,rew  near,  the  press  from  day  to  day  put 

hslied  eduoruds  on  the  leading  issues,  together  with 

2M 


VEAK  OK  PKOPLES  RULE  IN  «)KE(;o.N 

lri.K.h>   Icttt-rs  fruin  i.ucrcstcl  citi/cns.  m.Kl.  a.,  tlw 
.H.n,kM>  uf  ,lu.  ,\,U'raiLu~U.  cite  an  august  ,.rca..lcnt 
-■ucrc  ,M. M.^hnl  in  lit.  .nonths  while  the  ratifKatio,,  of 
JI.C  fnUral  constitmion  was  i„  .nK-siiun.     Thons.nd. 
H  prnatrly  printc.l  IfafU-ts  a„.|  pamphlets  were  .Hs- 
M'l.iited.  and  more  i.sc  tha..  ever  Irfore  was  made  of 
xiMce   ni   the    newspa|,ers;    s,.,„eiin;is   blanket    muvs, 
I'lan.lv   n.arke.I  '•  ,«,u|  ,K,li,ical  advertisement."  were 
dcNnttd  to  a  .single  f|ne.stitm.    To  the  majority  of  v..t- 
t.s  m  OreKoii-as  in  every  ..thcr  state— jK^litics  is   of 
*"..rH.   larjjely  a  ^ame  of  -  follow  my  Ua.ler  ";  bnt  it 
^^••"ld  have  iK-en  .lirtknlt  for  any  Oregon  voter  to  have 
"■"'•Mned  totally  ignorant  of  the  principal  i.nnts  in- 
v'-l^cd  Ml  the  more  imiK,rtant  measures  .>n  which  he 
was  ,o  vote.     Moreover,  in  snch  a  state  of  fer.nent 
and  heated  discnssion  the  leaders  are  h.rced  to  cme 
«'•'<  "ito  the  <,,K-n  and  show  where  they  stan.l 

Bnt   in  OreKon.    with  the  .lawn  of  election  day. 
">;•  ti.innit  and  the  shontinK  dies."  for  election  pro- 
acdm^s  are  regulate.!  by  a  most  stringent  C'orrnpt 
I  raciK-es  Act-an  act.  it  is  wHI  to  recall,  which  was 
rejated  by  the  legisla.nrc  but  was  th  n  forthwith  put 
iH»nre  the  people  by  initiative  jR-tition  an.l  by  them 
^•'-■•..  ted.    'I  he  *•  Oregon  systetn  "  has  thus  supplied  one 
»f  the  tnost  essential  conditions  for  its  own  successful 
"..rkmg.     |.:iecti.)n  day  in  Oregon,  since   1908.  is  a 
P"I't>cal  Sabbath,  holy  unto  the  state.     The  time  for 
^r^'ume,     and  influence  is  |Kist.     Ihe  "  thou  shalt  not  " 
y»  the  l;,w  ai,plies.  not  only  to  ni<.ney  payments  to  af- 
fect votes,  b  it  to  paying  the  extn-nse  of  trans|v.rtation 

255 


rnr  iNtTiAtrv    hi  riKiAm  \f   wo  rk(  xix 


m, 


.t     >. 


ii 


nt    VnU'fH   I.,   nt    (r.      ,   llu-    jH.Ils   .,ti.(    {,,   |„        ,,^r.    selling. 

giviiii;  ,,r  |,ruvi,hi  -  -  any  |..l.tual  iM.lyr.  ImiU,.,,  or 
other  iusinim  tn  I,,  u.-rn  at  ..r  aU.nf  tlu-  \n,\U  ,m  the 
•lav  oi  iliTli..,,.  .,n.|  M.,  mkIi  i».hi,.al  l^atlj;.-.  Imtum  or 
other  insiKiiia  shall  Ik  uuni  ,n  ...  alH.iii  th,-  |k)IIs  on 
.•my  i'lt'rti..n  .lay.""  N  t-itluT  shall  any  |Kf,..ii  "at  any 
place  on  ihe  .lay  ..f  any  eleiii.-n  a>k!  solicit  or  in  am- 
manner  fry  to  in.hue  .r  |H-t sn.uk'  any  \..ur  on  sud\ 
election  .lay  t.>  v..|e  h.r  ..r  retrain  fioni  otini;  for  anv 
can.li.lntc  ...  or  any  ineasnn-  snhinitteif  t.)  the 
|)Co|)lr,-  nn.ler  i)enalf\  ..f  a  tine  of  n<it  less  than  fixe 

•  loll.'irs  nor  more  than  one  hun.lre.l  .{..liars  lor  the  first 
offence. 

Assnre.lly  the  Ore.i,'on  v-.ter  needc.l   to  l)e   free.! 
fr..m  all  .listraciions.  on  the  eighth  of  I.,.t  X.M-mlK-r. 

•  f  he  were  conscicntionsly  to  .j,    his  uhole  .luty  as  a 
Hti/er       It  may  l.e  .|onht,-,i  uju-tlur  any  voters  ucrc 
C'.ir  l.r:,,rc  onfronte.l  l.y  s..  cnmplicate.l'a  task  as  that 
rresente.l  hy  the  On^.M  '>allof  of  th:.t  .lay.     K..r  e.v- 
r  tnple.  th      ..ter  ii-  ..f/ii.ct  Xo.  ().  Mulfnf.mah  county 
—a   P..rtlan.l  i-v.  ;ii        ha.l   to  make  his  choice,   be- 
tween candi<late>     ..  i;u-.|  np,.,)  the  l.all<,t  to  the  num- 
»>er  of  13..   ior  the  filling-  ..f  f.-rty-five  fe.leral.  state 
rsyl  county     nices— rnd  tiicte  were  I.lanks  where  he 
uiight  write  in  the  names  of  yet  others.     .\n,|  when 
he  ha.l  rec(»rde.l  his  choice  anions:  this  host  uf  can.ii- 
dates,  his  task  was  hardlv  l.eirtm:  for  in  Oregon  the 
votet   •    a  law-maker,  and  if  may  Iw  that  more  imiK.r- 
tant  ie«^   .tion  was  to  he  enacted  that  .lay  than  in  Sa- 
lem's "  I:  .lis  of  legislation  "  .hirincr  the  next  two  vears. 

256 


VKAR  OF  pr.:r)n.i:s  ri  i.k  f\  okec^jj 

Mr  Mr  v.,  irfis  „s  thai  the  ...„MM„lH.n  ..,  rhc  [  „irH 
•MaicH  vxMli  all  Us  anu„.|„ui.i^  ,„..v  In  m,,.|  „.  im-n,.  - 
ilHiM  niii.Htvs  MnHy  i„  rca<|  a!..,,.}  ,|,«.  „tlrs  ..(  .jk 
nKM-nrts  „,..„  ,),.,,  Orv^nu  ImII-.,  u.miM  lakf  llu  xottr 
•"".•  M.MM.t.v  (  ui.M.K  M„t  all  tlM-  ,  s,,lanal..ry  heaH- 
m^;^    iIk-   iiH-re    tnU-s    ri.,,„i,c    somcthiny    lik.^    i  nr 

*v..r.U-a,,,,rn.xi„,a.dv  th,,T  Mnemh,  .,f  ,|„. ,|«,,,„ 

""I.K  in  the  fe,U ral  c^nstilnii.,,,.    ()l,vio„s|v  ;|.r  vt^-r 
"•"^'  "..f  |H.st,H„K  his  ucj«|,j„^r  „f  arKiiim-ms  a.i.|  ilir 
"w.lM..K-np  ,,i  his  m,nd  a.  tn  issues  umjl  he  kc!.  tfii' 
;•••'"<•«  ",  h.s  han.Is.  else  the  cliTti..,,  u.m.M  hanjlv  vr' 
'H-.'UT.     1>.M  ihat  halluf  were-  thirty -tvvn.hsiinct  pi  .- 
i«-^t^  "f  .l.mf   U.^ri,ia„.,M  -  fh-vu.  of  H„.,„   invnlvn.' 
■'"-•-'I"K-M,  nf  the  state  o.nstit„tiu„-~,,,ue.I  thorc  hv 
"■•<•«   'l-nrorau  fm^cesscs.     One.  an  act  incrcasn.K^  the 
-■'lary  n,  a    rrtajn   ii„|«;eshi|,.  was  a  rcferen.lnni  nr- 
'  ern!  I.y  ,H-t,t.n.,  o."  the  jH-ple  ufK.n  a.i  act  ,«ssc.l  hv 
"'<■  ■•'St  Ic^j.slatnre.    Six  of  the  niea^nrcs  were  referreil 
'•'  ilK-  [K'nplc  In   ^ofe  ,.f  ,lu  representative  legislature 
"«■  "»h.  r  tuenty-r.ve  measure    ucre  prn,M.se.|  hv  ini- 
i.atne   pctMM.n.      These   last-.nrr.tlMncd   n.eas„r..    „f 
"""H-   ether  iKuI  urver  fn-u  passer!  uik.u  hv  the  lepis- 
IntKc  assnnl.ly  or-  -as  i„  .,,  i,ast  one  insiance-ha.f 
"K-t  With  .Irftat  at  its  han.Is. 

WlKif  „f  the  re-^u'ts  of  the  election?  fn  th-  first 
(''■•'••V.  It  IS  to  Ik-  note<l  that  the  cuhnination  of  so  1  .ULr 
•'"'I  «'«'>  h.tter  a  camp.',ijtrn  hn.uL'ht  r.„t  a  verv  heavy 
^  'te  The  record  shows  that  the  str.to  contains  aho.t't 
'.Vvooo  res:istered  voters.  The  tr-tal  number  of  bal- 
lots ca«t    :,,  ,1,^^,.  j^,^.  jj^^  ^^.jj  ^^^^^^    ^^^   120.J4S. 

«$7 


m^m<msmt'^ 


Tl'E   INITIATIVE.    Rl-IKKEXDUM    AND   RECALL 


t       I 


If 
ft  * 

fi  I 
f  ■  ■ 
fi   ' 


'  M   t 


The  contest  for  governor  resulted  in  the  election  ..f 
Oswald  WVst.  the  nenioeratic  candidate,  hy  a  vote  of 
54.f<5.^- •>  plurality  of  r..i()_.  u\ir  |;,y  IJournnan.  the 
Kepuhlican  whose  non)in.ili..ii  had  U-en  forced  hv  the 
"  assemhiy."      'riu-    Soci.dist    candid.ite    iM.Ilnl    H.uz,(, 
votes,  and  the  I*rohil)itioni>ts  <KOjy.     The  victory  of 
the  Democratic  candidate  is  the  more  significant  from 
the  fact  that  no  other  Democratic  nominee  was  elected  ; 
indeed,  in  almost  every  other  instance,  the  vote  for  the 
Kepuhlican  candidate  was  donhk.  that   f(.r  the  Demo- 
crat.    l-(.r  the  offices  of  state  treasurer.  attorncv-f;en- 
eral  and  state  en«;ineer  the   Democrats  presented   no 
candidates  of  their  own;  the  .Socialists,  on  the  other 
hand,  made   nominations  for  all  of  these  ofliccs  and 
polled  votes  ranginjr  fn,.,,  thirteen  lo  sixteen  i)er  cent, 
of   'he   vote   cast— an  cxcei)tion;dly   hij,di   percentajje 
for  the  Sociali.^f  vote  in  a  state  rjcction.  hut  douhtless 
cast  here  for  candidates  acceptahle  to  many  outside  of 
the  Socialist  ranks. 

( )f  the  thirty-two  projects  of  lejjislation.  the  hallot- 
booth  lawmakers  enacted  nine  and  rejected  twenty- 
three.  But  that  fact,  of  itself,  is  of  little  significance, 
except  as  indicating  that  direct  legislation  is  to  a  de- 
gree coti'.ervativc.  In  attempting  to  get  at  the  real 
significance  of  this  remarkahlc  election,  it  is  necessary 
to  note  how  the  voters  dealt  with  the  widely  diverse 
types  of  projects  submitted  for  their  approval.  One 
of  the  most  eloquent  apostl.-s  >,{  the  direct  legislaiirtn 
movement,  in  a  recent  address,  laid  great  emphasis 
upon  the  proposition  that  direct  legislation  is  a  safe  and 

258 


VFAR  OF   PF-OF'LKS   RULE  IN   OKKCOX 


s.in 


V  imthod  of  lawmaking  k-caiisc.  "if  the  vodTs  ,1., 
n..i  ntKlcr^tati.l  a  prepoNition  that  is  plaml  U-fore  thnn 


Ik  V 


vxill 


>im|)ly   vote  aj^ainst  it."     11 


ic   writer  suIj- 
iiiiis  that  psych. ,Ioj4iial  theory  aii.l  the  resiihs  in  this 
<Hii<'ii  aj^ree  in  showing;  that  it  i^  .|iiite  as  hkely  that 

a  pnt|Misitioii  will 
r  MU're  abstention  may 


the  \nters  uh..  <|u  not   nnderstaiid 
not  \..te  upon  it  at  all;  and  thei 
result  in  verdiets  that  are  far  f 


In  the  present  election,  the  total 


roni  safe  or  sane. 


nnn)l 


last    for  the  several 


)er  of  votes 


ineasnres  varied   from  7.^^_'i   t 


|')5._'I5— from  sixty  to  ei«:hty-sevcn  per  cent,  of  the 
'"t-'l  'umiher  of  \ntes  cast  in  the  election.     \u  <,nc  of 
the  measures  adopted  received  tl 
.i"iiiy  of  that  total.     Leadinir  I 


te  approval  of  a  nia- 

u^  l»y  more  than  io.ckk)  all 

icir  power  t(.  call  forth  v.ites 


the  other  measures  in  th 

ueic  the  three  propositions  which  related  to  the  1 
tniftic.     In  re 

l.iw  under  which  the  .sale  of  I 


■ent  years  Orcj^on  has  had  a  local  oi,t 


in  the  majority  ,,f  the  count 


Kpior 


has  1 


n|iior 
iption 


)een  prohihited 


les. 


•'"ill  saloon  men  to  hope  that  thev  nn'-d 


iirli 


;iii  counties  hy  the  rural  vote  f 


This  encouraj,a'd  the 
It   capture  the 


iiu>Uion  and  orator 
Allant 


or  state-wide  pro- 


>   were    imported,   r^^^n    from   tl 


le 


()  ( 


u-  states,  to  waj^e  the  battle  a^^-^inst  the  s.d 
•PlH.se  this  project,  the  "(ircater  Ore-.-n   lb 


Iv'iiU    .\s.sociat 
(1 


oon. 
un- 


ion     was   formed  .md  th 


iicnce  a  constitutional  amen<lnicnt 

■I'ld  towns  e.Kciusive  power  to  license.  rcLMiI 

I  ml 


ron-h   its  \v 


suppress  or  prohibit  the  s.-le  of  int 


within  the  municipalit 


Rivinj,'  to  cities 

J^ulate  and  con- 

o.xicatiny:  li<Miors 


les 


w; 


vote  o 


f 


IS  adopted  bv  tiie  d 


( )se 


5.^3^1  tu  50.779.     On  the  oilier  hand. 
2S9 


a  pro- 


IMK    l\iri.\!l\l       ki.ir.ikf-.M.[M     \M)    Ki      \|  I 


J' 
Life 


|N.sr.|  .mini.liiHut  |.r. MJI.itiiiq  '  flu'  iiiamir;i(ttirf  aii.l 
sale  "i  iiii-Miafinf:  li.|n..is  aiirf  fhv  tratfu-  ii)  tli»-in 
witliiii  th.  -111.-  '  wa-  ivudr.l.  4.5.;.|<>  I..  (.|..>j|  ;  ;,i„| 
a  .IiasiM  |.rM|«,sal  |.,  "  |.r. ■!. il.it.  |.n>  .-m  .m,!  Mispress 
the  iiiaiiuiarliin'  s,,|,  .  |i.,s»- «si,.n,  «\,*ian;^f  ..|  jLji  11114 
■'"■''"'     nilMM.atiii-     |i.|,ior>  ,\„<,ip     ,)„. 

^talf  ua-  iri.Tlf.l  |,y  a  \i>W  ..»"  .}.•<.;  1  1..  <..<.Vm  In 
o.nlrasi  uitl.  (|„m'  h,{\\  cmlr^u-.]  ti.|u..i-"  .{iK-sti-iis 
was  a  line)  aiit!  vai^iic  m\  iiira>inc.  ..ii  \^Wu'h  ^j.(wx) 
fowiM-  iiicii  fxpnssi-.l  .III  ..jtiiii'i!  Mian  .11  rlu-  !'..al  .,]». 

tioil   ailK'IKlllH-llf. 

In  tniisi,Ii-nn<r  tile  r.st  ..f  the  mi-asiin-s  mam   !na\ 
ho  «lisnii>.r(!  u,.|.  .,  u..n!    of  i|„.  ,.i^.,|„  [,,,|^  t..r  .r,.;,f- 
iii;;  iH-w    -iiiifM',.  i-Mvy  ,„i,.  ;vas  r.  icilcl.     The  u^-#l 
votes  oil  Ihcsr  .|!tcsli..iis  ran>,H-«l  {r<<tr  JJ.^^iy  V^H^.js^^ 
In  not  'MK'  ..t  flu.  ei^rli,  ^.;,.(.^  v,;,,  ,1,,,  ;„|,,.,.^^.  ,„-,.,„."i,y 
less  tiian  .^^..kk..  an«i  in  sixcra!  !ii.(aii.ts  tin-  rvU-rtum 
w^s  „y  a   vole  Ml   „e;«rly  fnc  t..  om-        Xpi.aivnilv.  a1- 
tlu.UK'l)  th.M'  iiuasiires  wt-ii-  .!rl,at«,!  ,,1  (lie  .Minpaij-n 
l)o..k.  the  ,-nat  majority  of  thr  ^.,n.|>  o.fisj.lne.l  tlicin 
as  piiri-ly    I.ual   issue^.   witii   thr   pR'suinpti.Mi   a^'ainst 
their  nicriv      i  lu   !ar-c  nimilKi  of  miHi  measures  upon 
the  hal!..t  is  aeconute.l   lor  !.y  the  fail  that  the  present 
law  of  Ore^.on   ,1,^.   i„„   .-.Hou    e.,„„ti,..  p,  he  eivated 
or  their  Imes  to  i„   rhan^e.l  hy  an  or.hnarv  aet  of  the 
K^-^tative   asseml.ly:    vm-vx    s,uH    lau    must    he    v.te.l 
uiK.ii   l.v   ilu-  ,K-opl.-.      |„   Mcw   n,    ,I,c.   voter>'  marke.I 
'hs|K.>,tio„  to  ,K.f,,„   such  propositions,  it   wn„l,|  seem 
that   son,,-  hiVhiy  .lesirahle  ehaiiue.  mav  pn-ve  almost 
Hi4K,ssihle  ..f  attainment.     At  this  same  eieeiiun.  a  bill 

jflO 


vr:.\k  oi-  I'l  ni'i.i: 


^  kt'IJ.   IN  okkj.o.v 


uiiuii  pn.vi.lnl  for  the  cliaiiffe  of 


.'tlKl 


I'll"  'Uv  iTt-aiiiio  of  iifw  ti 


existiuj^'  cnnnty  Hiws 
>\\n%,  o.imties  anil  miinii- 


I'-'l  «li^tn,i  .  |,\  ;,  niaJMiiiy  v..tr  of  tl„-  I,.-,! 


Ilic  Irnilniv    allVch 


Voters  of 


.ir'i   o|    il,;- 


vv 


Hi|.|.oil  and  inainti-nana-of  .|;,( 


'I  uas  rt'jcotnl.  .^7.i.M>  to  4_'..i_7. 
pi"vi<lin;,r  for  the  jiennaHrnt 


1*11    s 


I'illi  lar^'e  voirs.  raii^in./  \\ 


f  normal  school,  called 


'iil\  one  o 


f  II 


"in  S7.<K>«;  to  «io.j_^5.  \m 


~i!.Mnlicancc  as  ilu-  is>iu 


nni  was  parsed.     'Ihi^  result 


is  of  little 


ir  the  heaviest  adverse  \ot 


s  wov  ahnosi  pmely  l(.cal     Bv 


w.i- 


rast   a.i;airK(   a   pro|M,sal    for   tl 


>  majority  of  5.S,3r>H— 


I '"1:4c  ot  a  certain  court  of  Si  o 


■niily.  in  addition  1,,  I,i^  ^,-,1 


If  payment   to  the 
X'  :nuiualls   hv  liaker 


lid  that  tlii« 


iry  from  the  state      It 


m«'nl. 


Tl 


••■.'    '"  ""  iiie  siaie      It  IS 

l"<'P"s-'l  ua.  not  with.-ut  precedent  and 


H'  enormous  \ote  against  it  is  to  1 


"led  mainly  to  the  pn.verhial  d 


>e  attiih- 


^cep   salarie 


imposition  (,f  the  vote 


rs 


aiKi 


!'".\    whs.h  may  have  liad  it 


"iher  e\jK'iiditurcs  low—a  t 


eii- 


'    'he   nornial-sclio.,1   I.dls  also.      Tl 
R.ve.i  into  a  local  .juarivl.  nia 


<ii-a 


inflnence  in  the  <lefeat 
w  state   was  here 


^\.i>  an  act  of  the  leuish 


sinuch  as  thi> 


measine 


niVreiKlum  iK-tition.      Auotl 


Ki^lature  which  had  heeii  heh 


1  up 


ted  to  he  elfectivelx   1 


ler  issue  little  calct 


il 


le  hil 


pr 


landled  hy  direct  Ie}^risl;ui.,n 


'"••'l"»^i'd  hy  initiative  i)etition.  pn.hihit 


'■''^!iil;  of  (isji   fiMui  the  R 


was 


in<r  the 


.nil 


line, 


Tl 


•e   interist« 


'i\i'i'  people  Were  here 


HRiie   River  except  hy  h(»o|< 
■i"  the  up-river  and   down- 


"iion  was  originated  1 


m  couMiet.     Tl 


'■  'nitiati\e  pe- 


\\li"  char.t,red  that  the  sal 
''.^  '  ■mm.rcial  lishin- 


)y  an  association  of  ii|»-river  n 


leu. 


mon  were  heinor  exteiiniiiale.j 


lid  that   it   was  f, 


>y  the  interest 


if    ; 


Tin:  IMTIATIVE.   REFRRRXDUM   AND   RECALL 

of  the  state  to  preserve  angling  on  that  river.    On  tfie 
other  hand,  the  representatives  of  a  eanninj;  concern, 
whidi  hail  tna<Ie  very  heavy  ex|K-n(Htnres  u|)on  a  i»lar»t 
at  the  month  uf  the  river — a  plant  which  the  propt>se(| 
law  wonhl  have  tnrned  into  jnnk — iHtitiofied  tlie  pro- 
hate  conrt  (for  the  cannery  was  part  of  an  nnsettlc<l 
i^tati)   for  permission  to  spend  $I(),<kio  to  print  am! 
•  ii^lrihnte  to  all   \oters   in   Oregon   a  circnlar  s«*tting 
forth  facts  as  to  the  origitwtn^  of  the  initiative  |>rti- 
•ivn  an«l  showing  its  ern^rs.     Tliis  rt-(|nest  Uing  <le- 
in»<l.  tiK'y  inserted  in  the  camfKii^^^n  lK)ok  an  argiuneni 
minimizing  or  denyirsq:  the  points  made  by  their  oi>- 
jxinents;  an  argument  was  also  presemed  by  tlie  tisher- 
men  of  the  comity  in  which  the  castnerv  is  located,  set- 
ting forth   their  interests  in   that  industry ;   while  the 
kogne  River  Fish  Protective  Association  came  to  the 
defense  of  their  petition  with  a  thir<l  argnment       So 
hopelessly    contradictcjry   were   these   opposing   statr- 
nients   of    fact   and    of   interest    Ihat   the    Orc^oniaii 
advised  citizens  to  vote  "net"  as  the  safer  conrse. 
Nevertheless,  the  proposed  prohibition  of  commercial 
fishing  was  adoiUed.  49.712  to  33.397.     Two  of  tlie 
three  connties  most  interested  vote<l  against  the  i)ro- 
inl.ition  by  larj^e  majorities,  bnt  the  tiiird  and  most 
populous— an  n])-river  comity — voted  more  than  five 
to  one  in  its  f.ivor.     Whichever  way  the  decision  had 
turned,  there  would  luive  l)ecn  little  prcsnmption  in  fa- 
Nor  of  its  justice.  The  cpiestion  was  one  which  recpiired 
the   weighing  of   expert   testimony   as   to   the  actual 
effects  of  commercial  fishing  as  practiced  in  the  Rogue 

262 


IT 


IkJi 


VEAK   ul-    n.UVl.E'S,  UVLR  fx  ORRC.OS 

I^ivcr    It  was  inM.Ksihle  f.r  ihc  voUMs  .„  f..nn  a  wdl- 

-.t-l  ...  .he  campaiK.,  In^.k.  a.ul  i,  was  al.s„nl  that 
M.rh  a  ,,,K.si..,„  sl„,,|,l   Ik.  .lec-ulnl  I,v  ,!,^.  •.  .-es  "  or 
""     '"  tl".„sa.,.is  ..f  voters  uhn  .u-vcr  were  withi,, 
J'n".l.e.lsofm.U.snf,l,esce,.e..fn,„Mation 

■'•re  the  voters  ,n  two  forms.     P. v  a  vote  of   ^.  ...to 

5..r-<>  .hey  ,-ejee,e.|  a  hiiI.pro,K.se.ll,vhntiafi;e,>e- 
;"•;•    ""'^^^'""•'— ••"«-.  n,e„;nan.e.I   in  the 

,    ;    "■"  ;"7"«:"*-  ''^  ^"''K^t  ;.n.|  snhmit  a  .haf,  of  a 
■;•'"- lo,,sl.-,,v.  ..s.n,hly.      ln,heean„.a,\M,lK>..k 

-  n.;pn...  was  o,,,..se.lhy  the  (,,e«o„  State  Kedera- 

"••" -n.ahor  on  the  ^.r..,m,I  that  s.K-h  an  i„vestiKat.on 

^^  tn«^essnrv  masnnuh  as  ,f>e  ,nestion  ha,l  aL.h 
W,n^      ....n^hly  ,nvesti,ate.|  in  other  states.  es,.dallv 

N-    V.rk       N.ee.lerat.o„f.„,hnaIIe,ed  that  this 
1  '    lu'  ua.  a  „„.,,.  hhn.l.  insti;,ated  by  the  K.uployers' 

-'p^r.m  through  whose  in,h,e,u-e  an  in.len.nit;  act 

:;;'-"l>l.«-ke.Mn  the  last  session  of  the  ie,is,.u..re. 

"-  l..iH.r  ..r;^«mat,on  was  itself  sponsor  for  a  n.eas- 

-  ^in.rn^.  ,,n.eeti..,   n.r  ,H.sons  en,a^e.I  in  ha.^ 
n     n.en,pt..vnH.„ts.,et„nn^anWexte...Iin^th^ 
'  •    "^  'y->-rs  an.!    pro.i.ln,,^   that   oonfibntory 

-.l...-nee  s,.,^,  „,,Hh.  a  We.enee.  although  it  n.,.lu 
"    17*"  '*;  '''"^'''  '•>•  "-  J""y  in  hxin,  tlH-  a,„o„nt 
;      tl^auard      TWs  was  appn we.l.  S6..5H  ,..   ,3  04, 

•-n--«r.isinl„...,Uwhep,,;itionofte.M;;!in 
•    •''•   '^"'^^'•'^  '^^^  h    M,ch  stn.lents  of  the  lab.)r 

a64 


I*. 


itj    ' 


Tlir    l\m\Ti\|-     KF-F-rKF-.NDlM    AM)    Kl  t    \|,|. 

fiinvfim-nt  as  tl,r  lau  (  ..rnll  I)    W  rii^ht,  ul,..|,a^,.  ,n 

^i-lr.l  that  iiii.ki  I.  til  iM.lnstrial  coiLlifiniis  tin-  "  tri 

l"u->cnanl  ml,'    »  an  ana,  h,.  .,„Mn  u  In.  I.  .  .li.n  unM 
u..rk  Knivr  iiiiusiuv       |5„i   iIm>  k  a  .  ..mi.liraU-.l  law, 
inakiii«  \(iv  .Irasii.   .kmaii.!-  ..i  .in|.h  ,».,..  Mil.jrctin^ 
ilinn  U,  tinr  .„    iii.|.t  ,,.,ni.u-iii  .„    |,.,tl,  ,n  ninnnal  pm- 
Tclin^.  I.M-  \io!,,ii,„.  ..I  iIh-  |.u\.  aih!  unuiM  dciu-n.I 
tilts  ..|-  an  .•ini.|..str  kilh,l  ni  tlir  ...niM-  .,,  |,„  nnphn- 
mnil  "a  rij^lii  ..|  a-tion  uiili,,i,l  an\   hinn  as  t..ani..ni.f 
"i  .lania-fs  ulndi  may   !.,■  awai.U-,!-      W  1i.||k.,    n   i- 
I'T  llif  hvsl  i,,i,T,>i>  ,,i  i)u-nu  nulnlru-  an.l  .,|  il,,- 
tin|.I..\,..s  tluMi..hrs  tiK.l  ili.M'  .|K-.,i;.-,„„l  luavv  Inn 
«lnis   |,i'  .lin.,|v,.,|    ,,|M,n   tJH.  nnpl-.vn.    i.,nan,^    n,  !.,■ 
>t-n,,    I,  ,,,.,!,  ,i„.  ,,,„.,.,    ,„,,,.,,,.,    „.,,  ,^^^^^.^.  |,^_^^  ^_^^^ 

sfcon.j  a|,im-  ,.,  .kdair  l.s    a  n.,i..rnv  .,(   ./^..kk,  ihat 
this  sliall  In  till-  law. 

lU-  Mil.stanlial  niajn  -ti,.,  tu.,  nuaMiUs  ,.|  ..t-nrral 
■"lert-st  wrri'  pass.,],  ilu-  ..n.  ,.,  „ln,^  ,.  ,•  ll,.  I..ca 
ti..ii.  c-..nstnH-ti..n  an.l  ,u..\.-i  nuunt  ..,  a  l-randi  n.sant- 
;'\vlnni  (V..I.M  to  M.5",,.  ,1..  ,„|,,,  .ntliori/ui- 
n.nntics  t-M-xn-t-.l  tl,.'  S,;.,,,),,  .Mm  mi.  i..,-  inr  pn.p..,c. 
of  lanl.Iin.;  pninant-ni  r.-a.ls  vM,i,„,  .j,,.  ,,.,„„,  j,^,,. 
\i.k-,I  s.Hl,  ,i,.i:is  arc  Mu-nrrcl  nn  ll,,-  appn-al  ,  i  a  nn 
jiMMv    Ml    iIh,.c    ,,.tni.^    nn    tlir    .jnvsti,,,,    ,  :,    .-;    ,., 

f)tu-  .,r  the  ni...i  ra.lual  nuaMirc  -.ul.niitle.l 
antl..,n/n|  tliv  s,at,-  .„•  any  ,o„„tv,  nmninpalily  .-r 
la.Irna.l  .1,s,,k-|  ,,,  pnnlias,.  ,.,  r.,ns,nu'i  raitrMa.ls  .., 
ntluT  hi,i,rl,wa\s  unlini  il,r  statr.  an.l  t..  k:,,v  ..r  ..per- 
ati-  tlu-  .anic      it  l,as  htui  sul-.m.-.I  ,|,at  tn,-  nal  .,h- 


L#--r* 


YFAk  or  cFofi.r-s  rm 


'■  'N'  <)HF.(;o.v 


if«t  i>{  this  mcaMirc.  uliirl 


'\  ilif  lt'js'i«.l.itiirf.  was  I 
ailruads  hy  threat 


»  was  nft-rrcl  tn  the  people 


.i-'.-'^M  to  4r.,();o. 


<•  scnirt- iHtit-r  sen  ice  fn.mthe 
was  r« jeited. 


"I   Mate  aeti. 


'M.      It 


\ « 


rhiall 


ic   l»..cket-net\e   nf   tl,,.     \ 


y  sensitnr.      I 


iirts  relafinrr  to  ta\at 


|«'i!  !hc  hall.-l 


niericaii   voter  is 


pro- 


i<»ii.     Allwftl 


were  three  nieas- 


v.  I  not  ..lie  of  them  puUvd  ;.  I, 


I  w « 1  w 


hici 


I  were  rejtrted,  <,iie  st.-ocl  .n  tl 


lem  were  ir)i|x)rtant. 
•r«e  vnte:  in  fact,  of  tl 


le 


''   t'le  list   ,,\   thiriv  t 


le  \erv  Ixitoui 


w<>   .1 


pl-'ice  m  tf>e  voters'  interest,     'n 


'"1  the  ..ther  hel.l  thirtieth 


uas  a  o.nsfitntional  anietxhiu 


K'  first  ,,{  these  three 


i  I'-  In    the  leuislaf 


III.  referred  t<>  tl 


nre 


(II 


le  {)eo- 
'■^■*tiii-   a  nin'forin  rate  of 


■axahnn  exce,.f  on  pmpertv  s,HTilicalIv  taxed    a..tl 
'^'iii^  lhele\yan<lo.lUTii,.„  ..f 


mr- 


•  II  id  1 1  ir  ci 


»tint\ 


laves  f,,f  state  piir|)oses 
iiMl  nnnnVipai  purposes  n|«,n  .hfTerent 


*"iinty    ohlis>ati..i 


'   Pr-'l't-'iy.  ami  appropriatniy  st 


'v;  state  taxes  as 


IS, 


M.'x^ 


Tl 


le    sc(i,iid    «a 


lis    was    rejected,    ^j/ 


"iK'ii.hnenl.  alx,  referrni  t..  tl 


»J<>    to 
pn.p.,scd    Constitutional 


'un\   \i 


.dl 
ill   i 


oum    from   flir  c.^lstitiit 


laxation  shall  h 


"H  thereof  die  words  -taxes  shall  he  levied 
iecifd   ior  puhlic   pnrpc 


I»eopIc  hy  the  lej^M'sIa- 
'"11  the  words  -'and 

insert 
and 


e«|ual  and  uniform  "  and  t 


\    ^ 


luav. 


iiall  nevt-r  I 


le  s 


Tl 


t''.i7-'.     Siudenis  of  Orej^on  taxat 


»ses  only,  and  the  ix.wer  to 

nrrendered.  susjjcn.led  or  contracted 

i-s  rejected.  37,6 Ky  to 


lis  ameinhiifiit  al 


So  w 


-^'Tted  that  tliese  1 
I'T  innch-nee<led  n-f, 
passe.l  hy  the  le,i,Mslat 

m 


ion  methods  have 


wo  measures  would  open  the  way 


orms. 


Hot 


li  measures  had  Ikth 


lire  m  res|)..nse  to  pressure  fn 


»m 


-!(>i 


M* 


Tin:   I.\ITI.\TI\K.    Kr.rKKKXDlM    AND    KF-.C  Al.l, 

tin-  jimi^qTs.  .m.l  Initli  wen-  siipp-.rlnl  in  tlit-  oam|i;ii^Mi 
Imm.Iv  hv  ail  ;.rKunu'nt  siil.iniliid  l»y  tlic  Oregon  State 
li'.Urati.iii  ..f   |..,lH.r  aii.l  tlif  ( Viitral   \^\]><>r  Iniiiicil 
of  r.-rtlaiKi  and  \  iiinity.    I'.iit  this  ar-iiiiifiit  slu.l  lit- 
tle lijjlit  tiiM.n  the  precise  effects  to  Ik>  expecte.l   fn.in 
the  ailopti.iii  of  tin-  prup(»se<l  cliaiij^'es.     j  f  clear-headed 
I. IS   teiorDicrs  Ulieved  tliat   these  measures   were  of 
inent.  ihey  should  have  secured  fnr  them  more  effect- 
ive evpo-.itinn  atnl  adv(K'acy.     The  third  tax  measure 
e.illed  nut  a  lar^'er  vote  and  \va-  adopte.l  hy  a  small 
majority.  44.171   <<•  4-M-7;  yet  its  merit  is  ptohahly 
mure  duhious  than  that  of  either  of  t!ie  otiiers.     'ihis 
roustiUifioual  amendment   was  proi)ose<l  hy  it;iti.iti\- 
petition.      It   provi.lts  that   the  people  of  eacli  .     mi' 
may   "  re^nlate   taxation   a. id  exemptions   uithii     .u^ 
county,    rej^anlless    of    constitutional    restrictions    .,r 
-tate  statutes,  and  aholi>hinj.j  ]h,\\  or  head  tax."      Ihis 
amendment  was  ad\ncated  in  a  hrief  arjL,niment.  which 
covered  the  two  preceding  measures  as  udl.   l)y  the 
ahove-iiieiiti«.iied  laUir  ort^ani/atioiis.     rriiv,  ipal  stress 
was  laid  uim.u  it-;    .liolishiiijr  tin-  un|H,pular  poll  tax, 
and  it  is  freely  asserted  that  the  mere  inclusion  in  the 
title  of  tht.se  words  maile  a  sufficient  api)eal  to  preju- 
dice a^'ainst  that  minor  feature  oj  the  tax  .system  io 
secure  the  small   majority  hy  which  the  amendment 
was  adopted.     The  other  point   most  emphasi/.i.i  hy 
its  a.lvocates  was  the  (>piK)rtunity  which  this  law  would 
afford  to  each  county  to  try  experiments  on  a  small 
scale   with  different   systems,   from   which  expera-iu- 
other  counties  uii,t,dit  profit.     It  was  further  ur.Leii  thai 


VFAR   or   IT.OI'I.KS 


KLi.r.  r\  orfj.ov 


rt'Knlafi.,M  of  taxation  u.,iil,I  tl 


local 


l'i'"|''t"  "  thf  .lircii 

I«M»ks."  .\,,\vl 


ms  secure  to  the 


";>\trt..,ManaK'ftlK.irnunp.H:kct 


•■'•■KiimoiH  print,  I  in  tl 


'I'c   in   the   nieaMirc  itself 


i»"r  in  the 


ll'T  u],ji\i  of  tl 


'f  tani|)aij.n  Ikh.!;  ,I,,cs  the  „|„ 


.i«n.  li"We\ 


If  measure  receive  nient 


er. 


'"''f'l;   it  was  t,,  i,,;,!^ 


was  well  kn..nn  ami 


SI 


ii^Me  t 


isS 


ilile   tl 


k't'iierally  recu^r. 


;i.\. 


|'><><S  the  sinjLjle  t 
li"n  of  the    Mem 


pinenicaj.  \,y  the  several 


It'  atlupiiun  i)(  tl 


le 


cntintie; 


\\as   fr.'uikh 


ami 


•^frs,MitlKf..rellie,,e.,pk.am.Mhl 
y  <.t'<.r;,'e  pn.grainjne;  the  nje 


In 
Ica- 


an.l  It   was  rejected  I 


»hly  .ii^jiied   in  the 


(.?.vy.6  to  (>o,H~i  ).     Vl 


v  a   Vote  of 


•a  sure 


oanipaiji;!)  lM„,k, 


iH-arlv  two  t, 


'  one 


land-value  tax  svsi 


"^  year  the  advocates  ,,i  || 


Ml 


JfnuiouspoIicvitl.evalloNM.d  tl 


fin      pursued  a  shrewder  hut  I 


le 


less 


'"  pull  out  of  the  ( 


le  lal 


)or  or^ini/ations 


are  f( 


•niHl  to  lia\e  a  sti 


're  >ome  n.,-,«,|l-tax  chestnuts,  which 


■on<r  s 


press  an.l  on  the  stump  the  real  o! 
u.isbrouj;ht  out.  and  i( 


ini,de-ta\  flavor.     In  tl 


le 


I  (feet 
II 


as  ad\(.iated  in 


'Jfft  ot  this  liteasure 


"**    ^••""paiKH    pamphlet,    of    uhjcl, 
<fn  was  one  of  the  jo.nt  authors. 


a  reniarkahlv 
Mr.    \\.    .S 


'hat  none  of  the 


It 


Is  sini^ular 


i-nnservatives.  uh.,  since  the  elect 


''■•'vc  heen  deplorinjrthe  adoption  of  ,1 
■""I'lKlment.  ha.I  interest  euouirl 


"^•nts  in  the  canipai^r,-.  U^ok.  where  tl 


Ion 

'is  lonsiitutioual 

ii^di  to  present  their  artju- 


'»ached  evcrv  vot 


er 


(oni 


f>I 


t'-     A I  rhe  previous  el 


finions  diffci 


lev   uoiild 

to     (ill 


have 

otlt- 


•'•'<^.  fl:e  sini^dc-fax  proposit 


itcli(.ii  in  Multnonial 


1  coiuitv, 


t'^.^  \oies  in  a  total  of  jj 


''■'•  hy  ihc      ,,v 


er^ioii  i.t  Some  th 


"•n  was  def.-ated  l.y  only 

KV)-     This  would  suKtresi 

f  or  four  hundred 


re 


J<K 


■^^ 


Iv^ 


i  i 


Tin:  i\rTi\ri\  i:.  ki.i  inr  nium  and  kkcai.i. 

\iitcr>  !.>||u- -iii;;U  {.i\  «rin!.  tlir  iiio,|  |».•|l||i••(|^  i  utility 
of  Ihr  stall-  may  In-  ina.l»-  flu-  liisl  iiti|Hiilaiit  lain. rat. .rv 
f'-r  tt^tiiij;  the  \Uuts  (,c.  i>fi'  iheurifH.  Natiirally  thr 
siiiU'lf  ta\«T"»  arc  julnlaiil'  :  luii  in  tin-  n-st  ..f  the  loiii 
imiiiity— f\in  ain..tij(  those  not  iii(|iN|iiisn|  to  shiit 
ii|M.ii  I.iimI  »aIm->  a  far  liia\iiT  |>ro|M)rtion  of  the  ta\ 
l»tir«Un  tlun  i*.  a  j;ra\e  iVdin^j  *,i  apprehension.  It 
is  i«li  that  n..  .me  Cotniiv  tan  safely  stand  al.M)f  nn«l 
liv  its.  Ii"  III  liiiiiuial  relations  in  which  the  interests  of 
ilif  entite  o.tiim.uuvealih  are  so  c|.»sely  interlinketl. 

Ili«  nieasnie  whirh  lalied  ••nt  hy  far  the  larjfcst 
Vote,  with  llie  exieplit.ii  of  the  li(|nnr  measures,  wa* 
the  "  women's  taxpayin^,'  siifTra^e  anien.lnient.  ^rant- 
in«  t.,  laxjMvers.  reKai.lless  of  sex.  the  right  of  suf- 
frage "  So  rtad  the  olliiial  title  plare.l  njM.fi  the  hal- 
l"t  hy  the  attoi IK y  general.  This  is  the  fourth  time 
within  ten  years  that  this  issne  has  Wen  forced  to  a 
Vote,  three  times  hy  initiati\e  |K-titioii.  At  previous 
flections  the  majority  ajjaiiisi  women's  sntfiUKc  has 
ken  as  f.illows;  in  n>oo,  -M.^7;  in  nn>(i,  H).i7.i|:  in 
u>i)H,  -Ji.f.p)  This  year  the  snfifra^jistx  t.M»k  a  new 
tack,  emphasizing  strongly  the  ^ricvanci  s  of  the  manv 
taxpayiiif,'  women  of  tiie  state,  and  r|..sinj(  their  a{>- 
|K-al  thus:  "()re>4..n  has  now  the  ..pportnnity  to  lead 
the  world  in  a  safe  and  conservative  extension  of  the 
elective  franchise  to  every  wftman  who  is  taxetl  to  sup- 
port the  ).rovernment.  .iiwl  we  earnestly  hope  ue  shall 

'  Mr.  I..mi.li  F.K.  Ill,'  tta.liiiK  sin>;l«-.tax  pn)p(iKandist  has  al- 
ready i-oni-  t..  «»nK..ii.  ;iii.i  iIk-  siiinli-t.ix  prt>Krainmf  i^  ..pt-nly  an- 
IViUlKtnl  iij  the  iliivf  iv.lU-  f.ii    lyl  J. 

J08 


•^ 


YEAR  OF  PKoPLtS  KLXK  IN  ()RE«.c)N 


!i>  f  l>r  ciiinnclled  to  rqicaf  thi>  a|n#al  in  hh-'  "     Bui 
iIh-  \..trr  \\hi>  rcini  not  incrris  thr  Lall-ii  nih-  .ii„|  flu- 
ipiHal  hut  .iho  the  law   itwlf  fc       '  that  thtrc  was  a 
;;laiitiK  «li>icrf|»ancy  l»el\sttii  thrni,   f<ir  the  |>ro|).i>r.| 
inunilnu'iil  nia<lf  .1  |H»iti\c  ar»«l  sv\«T|iittj'  ^laiit  of  the 
MilTraKc  u>  "  every  citi/en  ol  thi-  I  iiiicti  Sialic  .if  the 
au'c  of  twrnty  one  yearn  ii  *.|  n|nvar<ls.  who  shall  have 
itM(le«l  Ml  the  >tate  .lurnij;  the  six  months  innneiliately 
|Tine<hnjj  sn(  h  election. "  and  v.  iMith     <  hily  after  this 
I«.siti\e   K^ant    ha.l    l»efn    fnlly   set    forth    was   there 
a.|ile<l:    "  It  is  expressly  provided  lurehy  that  no  citi- 
zen who  is  a  taxpayer  shall  lie  denied  the  ri^^ht  to  \..tr 
on  atrount  of  sex.'    Ah  the  opjKMients  ,,(  the  measure 
%»ii|.  in  thoir  lampai^n  InM.k  arf^nment :     *'  The  last 
'  Ian>e   in   the   proposed   amendment   alniiit    taxpayin^; 
women  is  pure  IniiKomUv     It  adds  n..thin^;  to  and  de- 
'latts  nothinj;    from  the  preceding   pnn  isimis  "      Ihe 
llarnij.,'    of    the    alMive    title    upon    snch    a    measnre 
-utiKists    some    interestinj;   ipiestions.      What    is    to 
he  said   of  Ihe  le^jal  acnmen  of  an  attorney-jjeneral 
wilt,   lonid  either    formulate   or   aaept   smli   a   mis 
I'-adin^j    title?      As    for    the    women    who    presented 
ihis   as    "a   safe  and    ionser\ati\c   extension   uf   the 
titvtive    franchise   tu   every   woman  who  is  taxed."  if 
iluy  were  not  cleai-heade<l  eiiouj^h  to  see  that  the  law 
\\ould  at  the  same  time  extend  the  sntTiajje  to  every 
woman  who  is  nol  taxed,  pnnukvl  she  were  a  citizen 
of  the  ic<piired  aj,'e  and  residence,  their  addition  to  the 
•  Icftoiate  would  not  tend  greatly  to  raise  its  intellec- 
inal  plane;  if.  one  the  other  hand,  as  a  last  rcMUl  they 


JnSJ 

3-1 


MICROCOPY    RISdUTION   TEST   CHART 

(ANSI  and  ISO  TEST  CHART  No    2l 


1.0 


I.I 


1.25 


1^    I 

13.6 


13.2 


1.4 


12.5 
2.2 

.8 


1.6 


M  APPLIED  INA^GE     Inc 

r-S  f<ochester,    New    Tork  14609         USA 

■^  ^716)    482  -  OJOO  -  Phone 

^=  ;716)    288   -  5989  -  Fa« 


H 


U    f 


P    ^1 

i; 


THE   IXniATIVE,    KEFEKKNUUM    WD   RECALL 

were  willing'  tu  win  the  suClra^e  hy  a  shabby  trick, 
they  would  brinj,^  to  the  jk.IIs  little  of  that  elevation  of 
p..litiial  morality  which  they  have  often  claimed  would 
be  their  chief  contribution  tf)  political  life.  Tht  voters' 
verdict,  for  the  fourth  time,  was  against  woman's 
suffrage.  35,270  to  59,065.' 

There  remain  to  be  considered  the  measures  which 
m(,st  closely  concerned  the  future  of  "  iH'ople's  rule" 
in  Oregon  and  of  the  "  Oregon  system."  By  the  legis- 
lature there  were  referred  to  the  people  two  tneasures 
whicli  were  backed  by  much  the  same  influences  which 
instituted  the  "  assembly "  and  forced  Bowcrman's 
candidacy  as  the  Republican  nominee.     The  first  was 


>  The  Oregon  suffragists'  initiative  petition  for  1012  has  already 
been  filed  (January,  191 1). 

It  IS  singular  that  on  the  same  day  (November  8)  in  the  adjoining 
state  of  Washington  the  voters  should  have  adopted  a  woman's 
suffrage  amendment  by  a  considerable  majority.  On  the  eve  of  the 
election  Alfred  Brown,  who  had  been  on  the  stump  in  Washington 
for  woman's  suffrage,  predicted  its  victory  at  the  polls,  adding: 
"The  ambiguous  wording  of  the  amendment  will  poll  many  votes  for 
suffrage  since  the  words  'woman's  suffrage'  are  not  mentioned. 
We  .  .  .  often  vote  'yes  '  when  we  don't  know  what  we  are  voting 
for."— Boston  Herald,  November  5.  1910. 

The  suffrage  was  extended  to  women  in  Washington  Territory 
by  a  law  of  1883,  entitled  "An  Act  to  amend  sec.  3050  ch.  238  of 
the  Code  of  Washington  Territory."  Under  this  women  voted  in 
Washington  till  1887  when  this  law  was  held  to  be  unconstitutional 
because  its  object  was  not  expressed  in  its  title  as  required  by  the 
Organic  Act.  "Females  then  are  not  voters  in  this  territory." 
Ilariand  v.  Territory  of  Washington,  3  Wa.shington  Territorial  Re- 
ixirts.  131.  It  is  a  singular  coincidence  if  woman's  suffrage  has  now 
been  restored  in  Washington  by  means  of  a  ballot  title  purposely 
evasive  "relating  to  the  qualifications  of  voters." 

270 


YEAR  OF  PEOPLE'S  RULE  IN  OREGON 


a  measure  providing  for  a  convention  for  the  purpose 
of  making  a  general  revision  of  the  constitution.  This 
was  antagonized  by  the  People's  Power  League,  not 
only  because  it  was  needless  and  would  occasion  un- 
necessary expense  and  disturbance  of  business,  but 
also  on  the  ground  that  it  was  a  scheme  for  getting 
a  constitution  adopted  and  "  proclaimed  "  which  would 
do  away  with  the  initiative,  the  referendum,  the  recall, 
the  direct  primary  and  "statement  No.  i."  It  was 
d'.feated.  23,143  to  59.974.  The  second  measure  pro- 
posed an  amendment  of  the  constitution  providing  a 
separate  district  for  the  election  of  each  senator  and 
representative.  This  was  an  obvious  attempt  to  pre- 
vent the  carrying  out  of  the  principle  of  proportional 
representation,  adopted  by  the  Oregon  voters  by  a 
large  majority,  only  two  years  earlier;  and  it  was 
rejected  by  a  vote  of  24,000  to  54,252. 

The  People's  Power  League  succeeded  better  in 
defending  the  ground  already  won  than  in  capturing 
the  new  fields  toward  which  they  had  directed  their 
campaign.  Of  the  four  measures  which  they  formu- 
lated by  the  elaborate  process  described  above,  and  to 
which  they  gave  earnest  support  in  the  campaign  book, 
in  the  press,  in  pamphlets  and  on  the  stump,  the  two 
more  radical  measures  were  rejected,  Of  these,  the 
one  which  suffered  the  worst  defeat  was  the  proposed 
law  creating  the  board  of  "  people's  inspectors  of  gov- 
ernment," who  were  also  to  be  charged  with  the  duty 
of  publishing  the  Oregon  Official  Gazette.  This  meas- 
ure was  loosely  drawn;  it  sought  to  create  an  office 

371 


..  '1 


THE  INITIATIVE.   REFERENDUM   ANH   RECALL 


i  I 

i 


i; 


which  was  an  absohite  innovation ;  anri  su.  e  of  its 
features  were  calculated  to  arouse  distrust.    The  news- 
papers rifliculcd  and  opposed  the  institution  of  any 
such  board  of  recording  angels  for  functions  which 
the  press  assumes  to  i)erforni.  and  the  measure  was 
rejected,  29.995  to  5^.53«-    Defeat,  though  by  a  closer 
vote.  37.031  to  44.366,  was  also  the  fate  of  one  of  the 
most  carefully  thought  out  and  comprehensive  meas- 
ures ui)on  the  ballot,  namely,  the  proposed  constitu- 
tional amendmeni  which  essayed  to  redistribute  the 
legislative  power  in  a  commonwealth  where  the  initia- 
tive and  referendum  have  received  unprecedented  ex- 
tension.    There  was  no  measure  upon  the  ballot  of 
equal  political  interest,  and  none  of  which  the  opera- 
tion would  have  commanded,  in  anything  approaching 
the  same   degree,   the  attention  of  the  country.      It 
would  have  introduced  a  variety  of  untried  correctives 
for  legislative  abuses  which  are  widespread— the  ger- 
rymander, tyrannical  rules,  absenteeism  and  log-roll- 
ing. 

By  a  still  closer  vote,  43-353  to  41,624,  the  pro- 
visions of  the  direct  primary  law  were  extended  to 
presidential  nominations.  On  the  nineteenth  of  April, 
1912,  accordingly,  each  voter  of  Oregon  will  have  a 
formal  opportunity  to  designate  his  personal  choice 
of  candidates  for  president  and  vice-president  of  the 
United  States;  later  he  may  take  part  in  nominating 
directly  candidates  for  presidential  electors,  and  in 
electing,  under  a  system  of  proportional  representation, 
delegates  to  the  national  conventions.     Men  of  char- 

27Z 


YEAR  OF  PEOPLES  RULE  IN  OREGON 

acter  and  not  merely  of  cash  may  stand  a  beiter  chance 
of  l^eing  elected  delegates,  since  the  state  is  to  pay  the 
expenses  of  each,  up  to  $200.  Space  to  the  extent  of 
four  pages  will  be  available  in  the  state  campaign 
book  for  setting  forth  the  reasons  why  each  of  the  sev- 
eral candidates  for  any  office  to  be  voted  for  by  the 
voters  of  the  state  at  large  should  be  elected.  The  sena 
tcjrial  and  congressional  candidates  must  pay  at  the 
rate  of  $100  a  page,  but  "no  charges  shall  be  made 
against  the  candidates  for  president  and  vice-president 
of  the  United  States  for  this  printed  space."  Four 
pages  of  free  political  advertising  are  therefore  to  be 
available  for  each  regularly  nominated  presidential 
candidate  in  1912.  It  may  be  of  interest  to  several 
recently  elected  governors  of  eastern  states  to  know 
at  once  that  the  Oregon  campaign  book  runs  about  six 
hundred  words  to  the  page. 

By  a  substantial  majority.  44,538  to  39.399.  the 
voters  adopted  the  amendment  aiming  at  reforms  in 
the  administration  of  the  law.  The  most  significant 
changes  are  the  abolition  of  the  grant  of  new  trials 
on  mere  technicalities  and  the  substitution  of  a  three- 
fourths  majority  for  unanimity  in  the  rendering  of  a 
verdict  by  a  jury  in  civil  trials. 

As  the  smoke  of  the  contest  clears  away,  it  is 
evident  that  "  people's  rule  "  has  strengthened  its  posi- 
tion. In  a  state  normally  Republican  by  25,000,  the 
election  of  a  Democrat  by  a  plurality  of  6,000  over  the 
Republican  forced  upon  his  party  by  the  "  assembly  " 
can  have  no  other  meaning  than  that  the  rank  and  file 

27.1 


THE   INITIATIVE.    KKl-KRKNDL'M    ANT)   RECALL 


i  i 


of  the  voters  resent  the  attempt  to  emasculate  the 
•lirect  primary  and  the  '"  ( )re>;on  system."  Tlie  rejec- 
tion of  the  propose"!  constittttioiial  convention  indi- 
cates that  tlu'  \( iters  are  cotilident  tliat  needed  changes 
can  be  made  hy  the  initiative  and  reterciulnm.  ami  that 
they  do  nt>t  propose  to  run  any  ri-^k  of  losing  those 
ixiwerfnl  agencies  of  public  opinion.  They  rejected 
the  single-district  measure,  because  they  had  already 
cotnmittcd  themselves  to  the  principle  of  proportional 
representation,  although  they  were  not  ytt  ready  to 
accept  the  application  of  it  submitted  to  tliem  at  this 
election.  In  appn)ving  the  reform  of  the  judicial  sys- 
tem and  the  extension  of  the  direct  |)rimary  law.  they 
were  following  the  same  leadership  wl  h  in  the  past 
ten  years  has  made  Oregon  the  most  interesting  jjo- 
litical  experiment  station  in  the  country  and  has  con- 
ferred upon  her  people  a  greater  degree  of  direct  self- 
government  than  is  to  be  found  in  any  other  .\iuerican 
commonwealth. 

But  does  this  "  new  birth  of  democracy  "  promise 
permanence  of  the  go(y.l  and  progress  toward  the  bet- 
ter? It  must  be  confessed  that  the  election  just  past 
has  gi\en  its  notes  of  warning.  In  the  first  place,  the 
ballot  was  a  preposterous  thing.  "  It's  like  voting  a 
bed-quilt  "  was  the  comment  of  one  of  the  policemen 
at  the  polls.  Experience  will  certainly  prove  that  the 
"  short  ballot  "  movement  and  the  *'  peojile's  rule  " 
movement  must  go  together.  The  voter's  task  must  be 
made  reasonable.  Not  even  the  allowing  of  two 
months  for  the  conning  of  a  campaign  Ixiok  can  make 

274 


1^  I 


YEAR  OF   PEOPI.FVS    Rl'Li:   IN    ORR(;ON 


it  reasniiahli'  to  expect  that  the  voters,  at  a  sinj^le  elec- 
tion, will  clinoNe  with  (iisciimiiiatinii  forty-tive  officers 
from  a  list  of  i,^i  can«li(lates  and  then  vote  with  intel- 
lij^eiue  npon  thirty-two  tneasnres  of  every  variety  and 
grade  of  importance.  It  is  j^a-nerally  conceded  that  a 
considerahle  pntportion  of  the  measnres  were  ahsnrdly 
iinsnited  to  he  voted  npon  hy  the  people  of  the  entire 
state.  This  was  certainly  the  case  with  the  eight 
comity  hills;  the  three  normal-school  hills  j)rol)ahly  l)e- 
long  in  the  same  class;  and  at  least  two  other  measnres 
were  of  little  general  interest.  The  men  who  have  had 
mf)st  inflnence  in  introducing  "  people's  "  rule  in  (Ore- 
gon are  not  hlind  to  this  defect.  In  the  first  draft  of 
the  measure  for  reconstituting  the  legislative  jxivver 
there  was  a  provision  that  the  numher  of  direct  legis- 
lation measures  to  be  voted  on  at  any  one  election 
should  he  limited  to  twelve,  and  this  clause  was 
strongly  supported  hy  argument  from  theory  and  from 
Oregon  experience.  It  was  found,  however,  that  this 
proposed  limit.'ition  ujxjn  the  voter's  power  was  un- 
popular, and  it  was  accori'mgly  thought  best  to  cut  it 
out  lest  it  should  imperil  the  entire  measure.  The 
Oregon  voter  has  found  that  he  can  make  laws,  and 
he  is  little  impressed  by  the  argiunent  that  he  would 
do  this  work  better  if  he  attempted  less  of  it  at  one 
time. 

The  experie;  :e  c'  this  election,  furthermore,  "las 
proved  the  need  of  attention  both  to  the  psychology 
and  to  the  ethics  of  title-w-riting.  One  measure,  said 
to  have  been  of  genuine  merit,  is  lielieved  to  have  been 

375 


THE   IMTIATIVE,    REFERliNDUM   AND   kttALL 


111   I 


I  I: 


,  I- 

3 

'   I 


defeated    'wause    its   title    imlndcd    a    doubt-raising 
rlaii>e  wliiih  had  l)een  stiaessfully  avoided  in  the  text 
of  the  law  itself.     Another  measure  of  (hihions  merit 
was  |)assed.  prohaMy  f)ecause  tlie  title,  while  sile.it  as 
to  the  main  intent  of  the  law,  made  a  successful  aj)- 
peal  to  an  exaKk'frated  iMipul.ir  prejn.licc  against  a  poll 
tax.     Direct  legislation  is  not  the  spontaneous  rcgiste 
injf  of  the  individual  voter's  matured  judj^nnent  as 
the  Ih-sI  method  ..f  dealinj;  with  a  piven  prr>blcm;  the 
\<»ters  sit.:|)ly  say  "yes"  or  "no"  (or  say  nothinjj) 
to  specific  proiK)sals  originated,  framed  and  phrased— 

and  every  step  in  tl      procedure  is  of  conse(|uence 

for  them  hy  some  one  else.  By  whom?  I-or  what? 
These  may  at  times  prove  dis(|nieting  (piestions.  For 
example,  not  one  of  the  three  tax  measures  upon  the 
Xovemher  ballot  was  drawn  in  such  language  as  to 
make  its  intent  clear  and  unmistakable;  nor  was  this 
lack  supplied  by  any  enlightening  arguriient  in  the 
campaign  book,  the  one  argument  there  submitted,  in 
joint  advocacy  of  the  three,  being  in  tone  and  in  logic 
little  calctdated  to  serve  as  the  basis  for  ff)rming  a  can- 
did judgment.  Direct  legislation  w  ill  presently  Ik?  giv- 
ing to  Oregon  a  poor  travesty  of  "  people's  rule,"  im- 
Icss  to  the  framing  of  laws  and  to  the  phrasing  of  their 
titles  there  is  brought  a  keener  intelligence  and  a  more 
sensitive  conscience  than  were  responsible  for  the  law- 
intended  to  secure  the  piecemeal  introduction  of  the 
single  tax  and  for  the  "  women's  taxpaying  suflfrage 
amendment."  As  one  of  the  writer's  correspondents 
puts  it :    "  It  is  quite  clear  that  popular  legislation  can 

276 


YEAR  OF   F'KOI'LKS   RULE  IN  OREC.ON 


uk.  vvorkeel  otily  by  'simplifying'  issues;  ain!  the  fur- 
tht-r  this  goes,  the  more  im|M>rtuiU  Inrctmu's  the  real 
initiative  of  the  irresiM»nsihle  persons,  uhelhcr  pa- 
trii)ts  or  schemers,  wlio  formulate  the  '  simphfieW  ' 
issues." 

On  the  whole.  consiilerin)i[  tlie  immense  complexity 
of  the  task  which  was  set  before  tiieni,  it  must  Ix? 
ackntjwiedged  that  the  Oregon  voters  stood  the  test 
remarkably  well.  They  detected  and  repelled  covert 
attacks  ti'»on  their  own  iH»wer;  they  rejected  measures 
so  radical  as  to  arouse  doubts;  they  gave  their  ap- 
proval of  laws  which,  in  the  main,  are  consistent  ami 
develop  the  system  already  adopted. 

Critics  will  differ  as  to  the  merit  of  the  several 
measures,  and  they  may  deride  "  voting  by  the  square 
yard."  But  this  much  the  most  conservative  of  them 
must  concede:  In  Oregon  the  state  is  not  shriveling 
up.  nor  have  national  issues  there  entirely  submerged 
state   issues — ».  "d   criticisms   which   Mr.    Bryce 

passed  upon  A  jtate  politics  in  general.     In  the 

past  twelve  nuui  (j^itgon  voters  have  had  affairs  of 
their  own  to  tliink  alx.ut.  which  have  been  quite  as 
engrossing  as  the  tariff  or  the  new  nationalism.  There 
has  been  a  vitality,  a  genuineness  in  Oregon  politics 
sharply  in  contrast  with  the  state  campaigns  in  many 
of  the  eastern  states.  In  Oregon  no  man  has  been  able 
to  read  his  title  clear  to  office  in  the  state  or  at  Wash- 
ington by  merely  subscribing  to  the  creed  of  some 
leader  in  one  of  the  national  parties;  he  has  had  to 
face  the  question :    "  What  do  you  stand  for,  on  these 

277 


111  I 


i| 


THE   INITIATIVE.   REFERENDUM    AND   RECALL 

clefmitc  issiifs  rejjanliiij^'  the  carrying  on  of  ^ovcrn- 
nittit  in  Ort'jfiin?"  With  ktru  interest  the  voters 
have  l)een  ^rapphn^^  with  the  prohleins— iKtlitical.  in- 
•  histrial.  cihicatiunal.  financial  -of  self-governninit 
uitliin  thtir  «»\vn  state.  A  j^'entiine  campaiRn  of  e<lu- 
cati»»n  has  hecii  in  proj^ress,  which  cannot  fail  to  pro- 
(hue  iniiMirtant  and  cnli^'htenin^  resnhs.  cpiite  al)ove 
and  heyond  the  verdict  rendered  XoveinlK-r  H  \\\h}u  the 
varions  points  which  were  at  issue  thning  tlie  preced- 
ing months  of  dehate. 


1 


13; 


1 1 1.  \  I'll;  k  xi 

TIIF.    rXFAVOKAni.K    KsSlI.TS    OF    IHRKCT    I.ET.ISI.ATION 

IN'    ORFCON 

Tin",  nther  side  of  tin-  i(!u>tinn  foiiceriiinp  the 
\aliH*  of  (lirtTt  K'!;i>latinti  has  \wvi\  pifscntfil  hy  I'retl- 
fiiik  \'.  Hnhiian,  l'".s(|..  the  I'risi«leiit  of  the  OreK<»ii 
.»'ar  Assoiiatiufi.  The  Chiiaj,'tt  Civic  I'V<Ieration. 
which  is  alsi)  opposiiij^'  the  initiative  and  referendum, 
has  jfiven  widespread  piihhoity  t<»  Mr,  llohnan's  views 
ill  one  of  its  hiilletins.  which  is  here  repnxhiced: 

I  am  here  to  tell  yon  of  some  of  the  resuUs  under 
the  iii'tialise  and  referendum  ameiKhnent  of  the 
Oregon  constitution.  T  am  a  native  of  Orejjon. 
It  has  always  heen  tuy  home.  and.  therefore.  I 
can  claim  some  fajniliarity  with  the  economic  condi- 
tions which  prevail  in  my  native  state.  While  Oregon 
lias  an  area  of  over  <>(),ooo  square  miles  and  is  one- 
third  larger  than  the  state  of  Washington,  it  has 
grown  slowly.  Hy  reason  of  the  lack  of  railroads  the 
eastern  part  of  Oregon — aiiproximately  55.000  square 
miles — is  sparsely  settled.  Its  po,  ulation  is  672.765, 
a  little  less  than  one-third  of  the  pojjulation  of  the  city 
of  Chicago.     The  total  vote  for  governor  in  Novem- 

279 


-«rTT 


^ 


THE   INITlATIVi:,   REFERENDUM   AND   KEt  AIL 

l»cr.  n;io.  wan  1 17/11)0,  a  little  timii-  than  nnf  tliinl  of 
till-  \utc  of  C'liicaKo  laHt  N'ovcmljcr.  Purtland  i*  the 
only  vity  of  any  ronsi<|rral»U'  s'\/v  in  ( )rc^on.  it-*  |H)p- 
nlatioti  is  a  little  omt  j«)7,(mk),  rwo-ihirilH  of  Ore- 
gon's |M>|iulalion,  tl»erefi»rc,  is  in  small  towns  an<l  in 
the  Country  at  larj^'e.  We  nuist  consitler.  t<H».  that  Ore- 
>jon  was  settleil  by  lianly  and  intcliijjint  pioneers 
whose  inthienif  is  si  ill  larijcly  felt. 

It  yon  in  Illinois  wish  to  learn  of  the  initiative  ami 
referfiichini  by  our  e\|H'riiiice.  it  is  now  a  j>;oo(|  time 
to  he^iii.  If  the  plan  is  nnsatisfaitory  in  <  )reKon.  with 
its  aj^ricultural  ami  village  |M»pulation,  largely  of 
Annlo-Saxon  ancestry,  keetiiy  interested  in  puhlic  af- 
fairs and  with  environments  conducive  to  delikration. 
what  will  he  the  result  in  the  cosmo|h.litan  city  of  Chi- 
cago, with  a  stea<lily  increasiu}^'  proportion  of  its  vast 
population  acceptinj^-  for  the  first  time  larj^n*  resjMinsi- 
hiliiies  in  citizenship,  and  with  its  hurry  and  turmoil  of 
cionomic  life  anythinj,'  hut  favorable  to  the  study  ami 
deliberation  presupposed  by  the  initiative  and  referen- 
dum? Obviously  the  Oregon  plan  mij,dJt  succeed  in 
Oreg(.n  and  Ik;  a  failure  in  Illinois.  Hut.  if  the  plan 
has  failed  in  Orej^on  in  times  of  (piiet  and  prosper- 
ity, what  may  l)e  jour  experience  of  lej^Hslation  by 
popular  vote  in  times  of  unrest,  turmoil  or  UJob  vio- 
lence? Has  it  failed  in  Orej^on?  i  et  us  scrutinize 
the  facts. 

W  hen  the  initiative  and  referendum  amendment  to 
the  Constitution  <  ,  Oregon  was  proposed,  its  advocates 
stated  ( as  I  uuderstantl  it  has  been  alluringly  slated  in 

280 


UNFAVORAHLF.   RESULTS  IN  OREGON 

HIiiiuiH)  that  it  was  to  Ik-  rntTcly  a  iliih  in  the  liancU 
nf  the  jKuple  f.)r  Hcuriii^  giMMl.  and  chfckitii;  la«l. 
UK'i^liition;  that  it  would  U'  iiivoknl  rarely  and  wi.uld 
!.«'  a  '•  ri'sprvc  "  jwtwir  and  not  an  a»ti\f  nor  a  .liMnrh- 
injf  jh.wi'r.     Tliirr  was  no  siandalons  oondiKM  of  our 
stall'  aflfairs  to  demand  tins  ainrndniftit.     No  pnlilic  or 
^Hla^i-|>nl.li^  i'ori»oraiioii>  souj    t  to  control  the  iH)liticH 
of  the  >tatf  or  to  nu-d.jlf  with  pnhhc  affairs  as  was  the 
case  in  Calif<»rnia  and  sonu-  other  states.     Our  IcKis- 
latnre   was   no   wor^e    than   other   s.ate   legislatures; 
|>r..l>ahly  Iwtter  tijan  some.     Ihit  on  the  plea  of  agita- 
tors that  its  cli.traiter  w«ndd  In-  improved,  and  after 
endorsement  hy  all  |K.liticai  parties,  this  anjendtnent 
was  adopteil  in  i«;oj  hy  a  vote  of  f».».o«»4  to  5.f»(»H.  with 
no  dehate  and  little  serious  onisideration  on  the  part 
of  most  vomers,  ami  with  al>out  twenty-four  {xt  cent, 
of  all  the  voters  at  that  election  failinj.j  to  vote  on  the 
measure  at   all.      This  aniemlment   provided   f(.r  the 
initiation  of  legislation  (the  placinjf  of  a  law  or  con- 
stitutional amendment  on  the  hallot  to  he  voted  up  or 
down)  hy  petition  of  "  not  more  than  eij,dit  per  cent, 
of  the  voters,"  and  for  the  suhmission  of  :  .  -dative 
enactments  to  fwipular  vote  hy  petition  «)f  five  |ier  cent, 
of  the  voters.     These  same  percentages  I  understand 
are  now  pro|K)sed  for  Illinois. 

We  now  Come  to  the  consideration  of  three  basic 
(J  nest  ions : 

r.  To  what  extent  did  this  amendment  ojKTate  as 
a  "reserve"  power,  and  to  what  extent  was  it  thus 
effective? 

Id  2S1 


* 


m 


■if 


THE   IXITIATIVE.   REFERENDUM    AND   RECALL 

2.  What  character  of  legislation  was  proiMised 
under  this  "  reserve  "  power? 

3.  Did  the  people  use  this  "rese.ve"  power  in- 
telligently? 

In  reply  to  the  contention  that  this  "reserve" 
power  would  improve  the  character  of  the  legislature, 
1  will  state,  without  fear  of  contradiction,  that  there 
has  been  no  substantial  change  in  the  kind  of  legisla- 
tors since  the  ademption  of  this  aniendinent.  As  to  the 
operation  of  this  amendment  is  a  "reserve"  power, 
I  shall  merely  call  attention  to  the  constant  increase 
in  size  of  our  direct  legislation  ballots.  In  1904  two 
measures  were  submitted;  in  1906,  eleven;  in  i(>o8. 
nineteen  (ten  constitutional  amendments  and  nine  pro- 
posed laws)  ;  in  1910,  thirty-two  (eleven  constitutional 
amendments  and  twenty-one  proposed  laws,  and  the 
initiative  was  responsible  for  twenty-four  of  these 
propositions). 

How  many  propositions  shall  we  have  placed  upon 
our  ballot  f(jr  the  confusion  of  our  voters  at  our  next 
state  election?  Signatures  are  easy  to  get.  In  Oregon 
any  person  may  have  any  crank  measure,  propo.sed  law 
or  constitutional  amendment  alike,  placed  upon  the  bal- 
lot. All  that  is  necessary  is  a  petition  and  the  signa- 
tures of  not  less  than  10,000  voters,  and  professional 
signature-getlers  will  get  the  signatures — for  a  con- 
sic  lerati(jn. 

The  general  characteristics,  particularly  of  initia- 
tive measures.  ha\c  been  careless  and  loose  phrase- 
ology, and  ambiguities  leading  to  dititiculties   for  the 

282 


UNFAVORABLE  RESULTS   IN  OREGON 

supreme  court.     The   very  vagueness  of  the  phrase 
*'ii..t  mure  than  eij^ht  per  cent,  of  the  lej^-al  voters." 
m  the  initiative  amen(hnent  itself   is  typical  of  the 
crudity  of  resulting  measm-es.      The  petition   which 
•'  shall  include  the  full  text  of  the  measure  proposed." 
once   filed,   cannot    he   amended.      One   measure   was 
adoiJted  which  was  declared  void  Wause  it  had  no 
enacting  clause.     The  omission  was  discovered  after 
the  petition  was  filed,  and  the  measure  could  neither  he 
amended   nor   withdrawn   from   the  hallot.      Another 
fundamental  objection  to  the  Oregon  plan  is  that  it  is 
rapidly  depriving  us  of  thai   stability  in  government 
which  the  constitution  is  designed  to  supply.     A  con- 
.-:itution  is  a  bill  of  rights  .setting  forth  the  basic  prin- 
ciples under  which  the  people  comnnt  themselves  to  re- 
striction of  individual  privileges  fc^r  the  benefit  of  the 
mass.    The  Oregon  constitution  is  now  being  changed 
as  readily  and  almost  as  fre(|uently  as  the  statutes  and 
by  minorities  of  the  voters.    It  is  optional  with  the  au- 
thor of  any  initiative  measure  whether  it  shall  be  pre- 
.sented  as  a  proposed  amendment  or  as  a  propcjsed  law. 
The  only  real  distinction  lies  in  the  fact  that  the  legisla- 
ture may  repeal  an  objectionable  law.  but  that  a  bad 
constitutional  -...icndment  can  be  repealed  only  at  the 
next  election  by  a  majc.rity  of  tho.se  voting  on  the  (|ue.s- 
tion.   and   therefore   remains  operative   much   longer 
than  the  law. 

Having  thus  observed  the  operation  of  the  initia- 
tive and  referendum  as  a  "  reserve  "  power,  let  us  see 
whether  or  not  the  voters  use  this  power  intelligently. 

283 


I'  It 


i 


i 


THE   INITIATIVE.    REFERENDUM   AND    RECALL 

Senator  H(»urne  of  Oreii^on.  speakinj^f  in  the  United 
States  Senate,  May  5.  1910.  said  that  the  people  of 
Oregon  had  acted  iiitclhj^ently  on  the  initiative  and 
rcferenthiin  up  to  and  inchuhnji^  the  year  nj(.)S,  the 
electi(jn  of  1910  l)einf;  snljse(|uent  to  the  dehvery  of  his 
speech.  We  naturally  ask  what  is  "  acting  intelli- 
j;ently"?     When  is  such  action  possihle? 

I  have  not  calculated  the  percentage  (jf  electors 
voting  on  all  the  various  measures,  hut  I  am  informed 
hy  an  ardent  advocate  of  the  Oregon  plan  that  the 
greatest  percentage  of  voters  who  have  acted  on  any 
of  these  measures  in  Oregon  is  ninety  per  cent,  and 
the  smallest,  sixty-two  per  cent.  This  is  hased  on  the 
number  of  electors  voting  at  an  election,  not  on  the 
registered  vote.  On  this  basis  ten  jjcr  cent,  do  not  vote 
at  all  and  as  many  as  thirty-eight  per  cent,  do  not  vote 
(iU  some  measures.  Under  the  Oregon  plan  it  is  a 
majority  of  those  voting  on  a  proposition,  not  a  ma- 
jority of  all  the  voters,  which  determines  its  fate. 
Certainly  those  who  do  not  vote  on  a  measure  do  not 
act  intelligently  on  it.  There  are  many  who  vote 
"  yes  "  on  all  measures,  as  some  vote  their  straight 
party  ticket  without  regard  to  fitness  of  the  candidates, 
and  this  cainiot  be  called  intelligent  voting.  Then 
there  are  many  men  of  business  affairs  and  intelli- 
gence who  have  not  the  time  to  consider  most  of  these 
measures  and  who,  unless  their  attention  is  especially 
attracted,  vote  "  no  "  w  ithout  regard  to  the  merits  or 
demerits  of  amendments  and  laws.  In  my  opinion, 
such  men  do  not  act  intelligently.     It  is  impossible  to 

284 


UNFAVORABLE   RESULTS   IN   OREGON 

ascertain  tlie  number  of  voters  who  act  thus  unintcUi- 
^^ently,  excepting',  of  course,  those  \vh(j  do  not  vote  at 
all.  It  is  significant,  however,  that  the  average  i>er- 
centage  of  those  voting  for  state  officers  who  also  have 
voted  on  initiative  and  referendum  measures  has  de- 
creased progressively  froi:  78.5  per  cent,  in  1904  to 
^2.2  per  cent,  in  1910. 

Comparatively  few  of  the  direct  vote  measures  in 
1 9 10  received  more  than  80  per  cent,  of  the  total  vote 
for  governor.  The  total  vote  on  the  woman's  suffrage 
amendment  (overwhelmingly  tlefeated)  was  5^)3  votes 
more  than  80  per  cent.  Most  of  the  measures  acted 
upon  may  be  grouped  as  follow  s  with  reference  to  the 
percentage  they  received  of  the  vote  for  governor: 
three  measures,  between  75  and  80  per  cent. ;  twelve, 
between  70  and  75;  twelve,  between  65  and  70;  one, 
a  fraction  less  than  62.04  per  cent.  The  i)rincipal  in- 
terest in  these  initiative  measures  in  1910  touched 
three  questions  affecting  the  sale  of  liquor.  These 
received  total  votes  of  101.375  (86.13  per  cent.),  104,- 
712  (89.81  per  cent.)  and  106,213  (90.24  per  cent.). 
Thus  it  will  be  seen  that  (with  the  exception  of  the 
three  liquor  mea.surcs  and  that  for  woman's  suffrage) 
40  per  cent,  of  the  total  vote  might  have  carried  twelve 
measures:  35  per  cent,  twelve,  and  less  than  2^2  per 
cent.  one.  Moreover,  not  one  of  the  nine  measures 
which  w  ill  carry,  including  the  home-rule  amendment, 
received  a  majority  of  the  total  vote.  It  is  a  political 
axiom  that  the  majority  should  rule,  but  without 
prejudice  to  the  rights  of  the  minority.     In  Oregon 

28s 


.1: 


THE  INITIATIVE,   REFERENDUM   AND   RECALL 


M 


» 't 


U  I 


1^  ' 


luulcr  the  initiative  the  minority  rnles  in  many  in- 
stance- and  sometimes  to  th'-  prejudice  of  the  major- 
ity, as  I  sl-.all  suhse(|neiitly  show. 

1  cannot  j,m)  into  all  the  measures  voted  u\Hm  since 
190J,  hut  I  shall  cite  a  few  voted  on  in  1908  and  1910 
to  show  you  that  if  the  initiative  and  referendum  arc 
jjood  /><■>-  sc  (and  I  am  convinced  they  are  not),  then 
the  ()re^(jn  form  is  not  a  good  one. 

in  the  e'olumhia  River  helow  the  mouth  of  the 
Sandy  River  salmon  are  taken  mostly  hy  gill  nets,  traps 
and  seines.  Ahove  the  Sandy  River  they  are  taken 
mostly  hy  fish-wheels  in  rapid  water.  Strong  antago- 
nism l)etween  the  lower  and  upper  river  fishermen  has 
resulted.  In  1908  each  of  these  interests  under  the 
initiative  proiwsed  a  hill,  one  desigufxi  to  pnjhibit 
commercial  fishing  helow  the  Sandy  River,  and  the 
other  calculated  to  prohihit  commercial  fishing  above  it. 
Each  of  these  hills  received  a  favorable  majority  at  the 
election;  became  Iriw.  and  all  commercial  fishing  on  the 
Columbia  was  prohibited.  It  is  true  that  when  two 
antagonistic  bills  each  receive  a  majority,  the  one  hav- 
ing the  largest  affirmative  vote  is  to  l)e  regarded  as 
the  law ;  but  these  two  bills  were  not  antagonistic,  each 
applying  to  difTerent  parts  of  the  Columbia  River.  I'or- 
tunately  the  legislature  met  before  the  next  fishing 
season  and  the  matter  was  adjusted.  However,  had 
those  bills  been  amendments  to  the  constitution  there 
could  have  been  no  relief  until  the  next  regular  elec- 
tion two  years  after,  and  one  of  ihe  great  industries  of 
our  state  would  have  been  paralyzed.     Did  the  vote 

286 


'.I' 


UNFAVORABLE  RESULTS   IN   ORECJON 


on  these  fishing  hillh  show  intelligent  action?  Doubt- 
less there  was  need  tor  some  wise  conservation  all 
along  the  stream,  hut  these  hills  provided  nothing  of 
tile  kind,  and  the  voters  cannot  he  blamed  for  failure 
to  act  intelligently,  because  no  oi)i)orti,in'ty  fot  intelli- 
gent actiiin  was  afforded.  That,  however,  is  scarcely 
v'l  argument  for  the  initiative. 

The  L'ni\ersity  of  Oregon,  oi  whicii  I  have  been 
a  regent  for  several  years,  has  a  smai)  endowment 
which  brings  in  a  revenue  of  about  $25,000  a  year. 
I'rior  to  1907  it  received  appropriations  at  each  bien- 
nial session  of  the  legislature.  In  the  session  of  Janu- 
ary, 1905.  the  legislature  appropriated  for  the  univer- 
sity $62,500  a  year  for  two  years.  A  referendum  peti- 
tion was  filed  within  ninety  davs  after  the  legislature 
adjourned,  and  the  vote  on  this  referendum  could  not 
be  had  until  June,  1906,  the  next  regular  election, 
nearly  a  year  and  a  half  after  the  appropriation  was 
made.  During  that  time  the  moneys  of  the  university 
l)ecame  exhausted  and  it  would  have  been  compelle(' 
to  close  its  doors  had  not  the  professors  agreed  to  fou- 
tiiuie  their  duties  and  to  receive  no  pay  if  the  referen- 
dum was  successful.  Fortunately  there  was  a  small 
majority  in  favor  of  the  appropriation. 

Two  years  later,  in  the  session  of  January,  190/*, 
the  legislature  gave  the  state  university  a  continuing 
appr(>])riation  of  $125,000  a  year.  Again  a  referen- 
dum petition  was  filed  against  this  appropriation,  with 
a  similar  result.  The  moneys  again  were  exhausted  and 
the  professors  again  agreed  to  receive  no  pay  if  the 

a87 


THE   INITIATIVE,   REFERENDUM    AND   RECALL 

rcferciKliim  was  successful.  The  vote  was  taken  in 
June,  if^oH,  nearly  a  year  and  a  half  after  the  bill 
passed  the  legislature.  Out  of  a  total  vote  of  105.^98 
at  that  election  there  was  a  total  vote  on  the  referen- 
dum of  84.650,  divided  thus: 

For  tin-  appropriation 44  1 1« 

Against  the  appropriation .,«'.,, 

Majority  of  votes  cast  on  proposition 3,s8o 

PercentaRc  of  voters  not  concerned  with  fate  of  the  state 

university l^^ 

The  vote  cast  against  the  appropriations  for  Ore- 
gon's state  university  may  have  been  inttlligent  but 
it  is  not  educational,  except  as  an  argument  against 
the  indiscriminate  use  ot  the  referendum. 

In  1908  a  single-lax  amendment  to  the  constitution 
was  presented  to  the  voters.  It  declared  in  the  title 
for  wholesale  exemptions,  and  the  opening  statement 
in  the  affirmative  argument  f^led  with  the  secretary  of 
state  read,  "the  proposed  amendment  is  a  step  in 
the  direction  of  the  single  tax."  This  amendment  was 
decisively  rejected  by  the  following  vote: 

For  the  amendment „  ^^ 

Against  the  amendment 60*871 

Majority  against  adoption "    '  '   jg'sos 

Percentage  of  total  vote  cast  recorded  agai-<;t  amendment .      57 . 7 

The  single-tax  advocates  were  persistent  and  in 
loio  submitted  three  single-tax  amendments  by  initia- 
tive petition.  Two  were  barely  defeated,  the  vote  on 
them  being  so  light  that  less  than  thirty-six  per  cent, 
of  the  vote  for  governor  would  have  carried  them. 
The  third  amendment  was  carried.     It  was  worded 

288 


'» 


UNFAVUkAHI.K   RESULTS  IN  OREGON 

more  attractively  than  the  one  rejected  in  190S,  the 
>l)enin^'  sentence  statinjj  that  "no  poll  i.r  head  tax 
shall  k'  levied  or  collected  in  Orvj;(»n."  and  n.  t  one 
word  was  said  alxuit  the  single  tax  in  the  aftinnative 
artjnment  which  eniphasi/ed  the  injnstice  of  the  poll 
tax,  ard  held  out  the  promise  that :  "  the  appmval  of 
these  amendments  will  give  to  the  plain  j)eop|e  and  the 
taxpayers  of  Oregon  more  bread  and  butter  profits 
from  the  government  than  they  have  ever  had  in  the 
past."  What  did  this  mean?  Was  it  an  apj)eal  to  in- 
telligence? 

The  vote  on  this  amendment  stood: 

For  the  amendment 44.171 

Against 42.127 

I'rcponderance  of  votes  for 2,044 

Total  vote  cast  for  governor 1 17,690 

'•'"•'^  37-5,?  I'tT  cent,  of  the  voters  of  Oregon  ap- 
proved in  1910  a  measure,  which,  in  its  true  guise,  had 
been  defeated  only  two  years  before  by  a  clear  ma- 
jority.    Was  this  intelligent  action? 

One  of  the  proposed  constitu.ional  amendments 
in  1910  provided  for  the  purchase,  condemnation  or 
construction,  and  operation  of  railroads  by  the  state. 
The  idea  of  a  state  of  Oregon's  limited  development 
and  revenues  attempting  such  a  thing  is  on  its  face 
absurd,  but  the  following  vote  shows  how  near  the 
half-baked  ideas  of  some  crank  came  to  receiving  au- 
thority : 

For  the  amendment 34,013 

Against  the  amendment ^6,1 12 

289 


-%s  1 

At 


TIIK    INITIATIVK,    RKIKKK NDUM    AM)    KliCALL 


i. 


Ill  .itlicr  wunls.  if  v/-'5  pvr  u-tit.  of  all  voters  had 
voted  for  this  amendment  the  state  would  have  hceti 
authori/ed  to  engage  in  the  railroad  husiiiess. 

In  i<)<).S  a  constitutional  amendment  was  submit- 
ted increasing,'  the  niimher  of  supreme  court  judj^jes 
from  three  to  li\e.  and  simplifyiiij,'  procedure  in  the 
lower  coints  hy  Js'ivinj;  circuit  courts  orij^ina!  jmisdic- 
tion  of  probate  njatters.  then  exercised  by  county 
courts.  This  excellent  amendment  was  defeated.  At 
the  1910  election  a  most  remarkable  amendment,  eni- 
bodyiuj;  all  and  more  than  was  contained  in  the  de- 
feated ameiulment.  was  projjosed  and  adopted.  It 
placed  .10  limit  on  the  inimber  of  supreme  court  judj^es 
but  provided  that  lower  courts  and  their  jurisdiction.s 
mi;,dit  l>e  chan^^ed  by  law.  and  stated  prominently  in 
the  title  that  in  civil  cases  three-fourths  of  a  jury 
mi^ht  render  a  verdict. 

The  most  objectionable  features  of  this  amendment 
are  in  section  3.  which  is  as  follows: 

"  Section  3.  In  actions  at  law.  where  the  value  iti 
controversy  shall  exceed  $20.  the  rij^l.i  of  trial  by  jury 
shall  be  preserved,  and  no  fact  tried  by  a  jury  shall 
be  otherwise  reexamined  in  any  comt  of  this  State, 
unless  the  Court  can  afilirmatively  say  there  is  no  evi- 
.lence  to  support  the  verdict.  Until  otherwise  pnj- 
vided  by  law.  ujjon  appeal  of  any  case  to  the  Supreme 
Court,  either  i)arty  may  have  attached  to  the  bill  of 
exceptions  the  whole  testimony,  the  instructions  of  the 
Court  to  the  jury,  and  any  other  matter  material  to  the 
decision  of  the  api)eal.    If  the  Supreme  Court  shall  be 

290 


UNFAVUKAHLK   KESULIS   IN  OREliON 


of  opinion,  after  consideration  of  all  the  matters  thus 
siihinitted.  that  the  jiul^jriient  uf  the  (  niirt  apjiealed 
frofn  was  such  as  should  have  heeu  reufUreil  in  tl>e 
case,  such  jud)L,'ineut  >hall  he  atlirined,  notwithslandinj^ 
any  error  committed  (hirinj,'  the  trial;  or  if,  in  any  re- 
siHJCt,  the  judj^meiit  a|)|>ealed  from  should  he  changed, 
and  the  Supreme  Court  shall  he  of  npinidn  that  it  can 
determine  what  judpmeut  should  have  Ikcu  entered  in 
the  court  helow,  it  shall  direct  such  jutlj^uieiu  to  he  en- 
tered in  the  same  manner  and  with  like  effect  as  de- 
crees are  now  entered  in  eiptity  cases  on  appeal  to  the 
Supreme  Court,  provided  that  nothinj,'  in  this  section 
shall  he  construed  to  authorize  the  Supreme  C  «)urt  to 
find  the  defendant  in  a  criminal  case  Ki''l^v  of  an  of- 
fense for  which  a  greater  penalty  is  friridcd  thun  that 
of  zi'hich  the  accused  was  convicted  in  the  loicer  court." 
It  will  he  seen  that  there  is  api)arently  a  conflict 
between  the  provisions  of  the  first  sentence  of  section 
3,  relating  to  the  efTect  of  a  verdict  by  a  jury  in  an 
action  at  law.  and  the  power  and  duty  of  the  sui)reme 
court  on  an  appeal  when  there  is  attached  to  th''  bill  of 
exceptions  by  appellant  or  respondent,  "  the  whole  tes- 
timony, the  instructions  of  the  court  to  the  )ury.  and 
any  other  matter  material  to  the  decision  of  the  aj)- 
peal."  Under  the  familiar  rule  of  construction  that 
where,  in  a  statute,  there  are  apparently  conflicting 
provisions  they  must  be  reconciled  if  it  is  iK)ssible  to 
do  so,  section  3  should  be  construed  to  mean  that  the 
verdict  of  a  jury  cannot  be  reexamined  by  any  court 
inferior  to  the  supreme  court,  and  only  by  the  latter 

291 


THK  IMTIATIVK.   KKIERENDIM   AND   KIXAI.L 

wlicn  the  whole  rcconl  is  \kU>vv  it.  ThiiH  a  tirctiil 
oiurt  lamiot  fjiant  a  new  trial  it  Ihiro  Ik-  a  vt-nhit  ol 
a  jury  with  a  Miutilla  <if  cviclciKc  to  siipjHirt  it.  t-veii 
when  Mich  a  \i'r«hit  is  otilra^eoiis  or  ijivcu  under 
prejiuhte  nr  passion;  pmhahly.  not  on  atconnt  of 
newly  «lis(n\tre<l  evidence.  ( )nee  a  \erdict  always  a 
venhtt  tiiitd  it  reaches  the  supreme  tnurt. 

Thi    appeal   provided   fnr  in  section    ^   ap|)his  to 
iKith  rivil  an«l  criminal  cases.     The  words  are:   "  Ljh)!! 
appeal  of  any  case  to  the  supreme  court   "  the  provi- 
sions apply,  and  what  are  the  provisions?     ICither  the 
appellant  or  rcsiK.ndcnt  may  (and  certainly  the  ap|K-|- 
lant  always  will)  "  have  attached  to  the  hill  of  excep- 
tion the  whole  testimony,  the  instru-tions  of  the  court 
to  the  jury,  and  any  other  matter  m;  'eri.d  to  the  de- 
cision of  the  apiKjal."     The  verdict  of  the  jury  in  the 
court  below  is  not  necessarily  even  a  j;uide  to  the  su- 
preme court,   which  must  he  guided  hy  •'  the  whole 
testimony,  the  instructions  of  the  court  to  the  jury." 
and  also  "  any  other  matter  "  that  either  tlk     i)pellant 
or  res|K)ndcnt  may  deem  "  materi.il  ..•  the  decision  of 
the  appeal."    Judgment  m.'.y  k-  entered  **  after  a  con- 
sideration of  all  the  matters  thus  submitted."     If  the 
supreme  court  decides  for  the  respondent,  it  may  do 
so  not  only,   "notwithstanding  any  error  committed 
<iurin.!.;  the  trial  "  in  the  court  below,  hut  also  it  must 
Co  isider  whether  the  judgment  '*  was  such  as  should 
have  been  rendered  in  the  court  below."  after  a  review 
of   lie   whole    testimony   and   also   after   considering 
"  other  matters  "  in  the  record.    There  may  f>e  similar 

2Q2 


UNFAVORABLE  RESULTS  IN  OREGON 


action  by  the  .supreme  court  in  favor  ni  llic  apiK'Haiit 
if  "  it  ^ha!l  I*  of  the  opinion  that  it  tan  •Utirtninc  what 
jud^Miunt  •(hoiiM  have  Uen  tiiteretl  in  the  ouirt  Ih.-- 
Itjw."  liy  thi«.  nutlioti  of  ap|Kal  is  not  trial  hy  jury 
practically  alMtlislud  in  ( )regon?  An»l  yet  liial  hy  jury 
has  Ijcen  in  existence  in  l'.ni;Ii>h-s|Makinj{  countries 
from  the  tine  of  Anjjlu- Saxon  rule  in  Kngland  until 
the  present  <lay. 

This  amendment  makes  no  provision  for  Hendinjij^ 
tlje  case  hack  to  the  lower  court  for  re-trial,  its  ap- 
parent ohject  i>>  to  authorize  the  supreme  coiirt  tu 
determine  finally  every  law  case  apjH'ale«l  and  also 
criminal  cases,  anti  to  direct  what  judj^nicnt  shall 
Ik*  entered  in  the  c«»urt  Iwlow.  I'.nt  also  appar- 
ently it  j^ives  the  supreme  court  |K»wer  to  disin-nse 
a  kind  of  crude  oriental  justice  acc«)rdinjj  to  its 
*■  opinion." 

Now  note  this  additional  cotifusion.  Section  3  per- 
mits chanjj^e  hy  law  of  the  powers  conferred  hy  it  op 
the  supreme  court,  as  to  determination  of  what  judj,'- 
nients  shall  l>e  entered  in  civil  or  criminal  cases,  hut 
no  law  can  chanq;e  the  first  sentence  of  section  3.  Only 
a  constitutional  amenthnent  can  alTect  that.  Take  the 
power  from  the  supreme  court  to  set  aside  a  verdict 
and  render  a  judj^jment.  and  a  verdict  once  },Mven,  how- 
ever unjust  t»r  unfair,  cannot  he  reexamined  hy  any 
court.  lM)r  centuries  the  jury  has  Ix-en  a  check  on 
the  tyranny  and  corruption  of  judges.  Upright  judges 
have  correcteil  the  verdicts  of  ignorant,  prejudiced  antl 
venal  juries.     To  dti  away  wuti  this  balance  of  jKJwer 

293 


THE   l\ITI.\TI\  !•:.    KIIHki.NDlM    AND  RKCAI.L 


i.  li 

ii 


H  to  >ct  a^idf  ilu-  Inst  safi'^^unrih  fur  justice  which 
man  has  Ikcii  ahic  to  devise. 

The  first  scntviuc  t>(  Mutiun  j  makes  it  a|>|)ear  that 
this  section  applies  to  livil  cases  only.  f»iit  llie  rest  of 
llie  sectiiin  applies  to  triininal  »ase<.  also.  I  lure  is 
no  limitation  oti  the  "appeal  of  any  ease  to  the  sii- 
pienie  ennrl."  Imt  the  iiniitatiun  is  "  provided,  that 
r-iitliitijf  iti  ijiix  Miti.tn  shall  he  oinstrneil  to  authorize 
the  supreme  court  to  tind  the  delendant  in  a  criminal 
case  K'liilty  of  .u;  nlfense  tor  w  hit  h  a  greater  jienalty 
is  provided  than  that  of  which  the  accuse»l  was  cuii- 
\i»ted  in  the  lower  court. " 

If  the  accused  is  n.nvicted  in  a  lower  court  of  a 
<rime  for  whiih  he  w.is  not  indicted  nor  tried,  an  ap- 
I»cal  will  lie.  I'.ut  the  supreme  court  nuiy  lim!  him 
L;uilly  of  an  offense,  without  iiulu  tnieiit,  the  only  liini 
tati..u  heinj;,'  th.it  it  hall  iK.t  liud  him  Knilty  "of  an 
offense  for  -.vlnch  a  cUMtcr  penalty  is  provide.l  than 
that  of  which  '"  he  "  v.as  couvuted  in  the  lower  court." 
The  accused  m.iy  he  mdicted  in  the  circuit  court  for 
murder  and  convicted  of  rape  or  arson  hv  the  supreme 
court:  indicted  for  hur^dary.  and  convicted  on  apiieal 
of  mayhem,  or  of  some  other  crime  aijaiust  wliich  he 
had  no  opjH.rtuiiity  to  make  a  defense.  T.ike  this 
amendment  with  its  contradictory  pn)visi.,ns  and  de- 
termine, if  you  can.  what  was  in  the  minds  of  its 
frauiers.  .\nd  hr,w  could  the  voters  act  intelligently 
thereon? 

Then  consider  the  vote  hy  which  this  amendment 
was  a.jopted- 44.545   fr-r,  run!   39.307  against.     The 


UNFAVoH.Mil.r-   KKSll.TS  |\  {)HEc;ON 

ap|)r«>xlmalc  iHTtrntaj^rH  i»f  th>%e  who  vi»lol  .uhI  ilio«*c 
who  Will  ii..t,  as  roni|>art'<l  with  the  votes  f..r  gov- 
ernor. Wi-re: 

PiiT  tla*  amcn'liiMtit 37-^5 

Aituinit  titt'  itiiM'n<trm*nt JV4«> 

N"»  v.-liiiK *..'..".'.'..  jij.75 

Ami  thus  Ifss  than  thirty-«i^;hf  |K'r  rent,  of  the 
vottTH  amcntlt'il  the  oitistiintioii  to  the  prejiuhci-  of  the 
rif^htH  of  ihe  other  nixly-two  jht  ant,,  and  of  theni- 
seho.  ai,  iMiKtil  uuv  of  the  >.ife«:nari|s  of  jm  is.Mial 
hU-rty.  A  lea<linj^  a«lvoiate  of  tlio  ( )re|run  plan  a>ke«l 
me  lately  why  I  Itt  thi-*  anuininu-nt  U-  prhile.l  in  the 
oftiiial  iianiphlct  without  an  .nj^unient  against  it.  I 
a«hnitte<l  my  (lelin«|niiuy  anil  he  voiccti  a  favorite 
maxinj  of  the  advoeates  to  the  efTeet  that  I  ha.l  no 
riKht  to  n.mplain,  I  admit  that  I  failed  in  my  dnty. 
hnt  is  that  any  reason  why  the  ri«;hts  of  sixtv-two 
per  cent,  of  the  v(tterH.  of  womt-ii  and  of  children  yet 
to  he  iM.rn.  should  Ik-  im|K'rili<l.  and  that  a  ininurity 
should  rule  in  so  im|H.rtant  a  matter? 

riiirly-two  projx.sitions  at  one  election,  most  of 
them  invulvinj,'  lompK-x  «nie.stions!  It  took  a  pamphlet 
of  joj  \yA^vs,  not  iiulndinir  the  index,  to  present  them. 
tot;etIier  with  smh  arj^nments  /»n»  and  cmi  as  were 
file'  How  many  of  y..ii  wonld  have  time  to  study 
suci  .1  (locnment  even  thoiiKh  yon  had  six  months  for 
it?  And  havinjr  the  time  how  many  of  yon  wonld  feel 
competent  to  pass  on  snch  a  mcasnre  as  tho  jntliciary 
amendment,  f«tr  example?  The  Orei^on  snpremt  ouirt 
l}as  e.xperjcnccd  r.t;mc  dltTicuhy  in  cfinstruiiij^  anicnd- 

205 


THE  IXITIATIVE.   REFERENDUM   AND  RECALL 


inents  to  tlie  C()iistituti(  n  made  in  the  above  manner, 
particularly  those  adoptecl  under  the  initiative  in  1906 
and  intended  to  take  from  the  legislature  the  power  to 
tnact.  amend  or  repeal  municipal  charters  and  giving 
this  power  to  the  voters  of  the  municipalities.  These 
amendments  failed  to  define  what  constitutes  a  cliar- 
ter;  there  were  practically  no  precedents  and  the  su- 
preme court  found  it  necessary  to  amend  these  consti- 
tutional amendments  by  its  decisions,  by  supplying 
omissions  and  by  interpolating  provisions  not  contained 
in  the  amendments  themselves. 

But  what  becomes  of  the  sacred  right  of  the  initia- 
tive and  the  doctrine  that  the  people  are  always  right? 
Should  a  supreme  court  amend  or  set  aside  what  the 
])eoi)le  in  their  wisdom  ((jr  unwisdom)  have  perpe- 
trated? So  it  has  come  to  pass  that  the  initiative 
amendments  of  the  Oregon  constitution,  adopted  to 
give  the  people  absolute  power,  do  not  really  make  the 
peoi)le  supreme,  but  do  make  the  acts  of  the  pecjple, 
plus  the  supervision  of  the  supreme  court,  supreme. 
Certainly  to  this  extent  the  initiative  is  not  what  its  ad- 
vocates intended  it  to  be,  although  there  is  a  large 
element  of  safety  in  such  supervision  and  amendment 
by  the  supreme  court.  But  what  would  be  the  result 
if  the  supreme  court  had  held  that  the  people  had  all 
the  final  power  subject  only  to  contrary  provisions  in 
the  constitution  of  the  United  States  ? 

Briefly  to  summarize,  then,  we  find  that  the  so- 
called  "  reserve  "  power  is  greatly  abused ;  that  meas- 
ures  in   overwhelming  numbers  and   many   of   them 

2g6 


UNFAVORABLE  RESULTS  IN  OREGON 

Idoscly  drawn  are  l)cin«j  \n\t  upon  the  hallot;  that  the 
])t'ra'nta}j[c  of  tliosc  who  do  not  participate  in  direct 
le.ijislatinn  is  increasin^j^ ;  that  hick  of  iiUcllijjent  grasp 
of  many  measures  is  clearly  indicated;  that  legislation 
is  heing  enacted  hy  minorities  to  the  prejudice  of  the 
hi'st  interests  of  the  majority;  and  that  the  constitu- 
tion itself  is  heing  freely  changed  with  reckless  disre- 
gard of  its  i)urpose  and  character. 


90 


i^^t: 


^.^mi^tt^m^  'mw^mmm  '^m^^^- 


THE  RECALL 

CHAPTER  XII 

THE  USE  OF  THE  RECAI-L  IN  THE  UNITED  STATES.* 

The  recall  expresses  the  idea  that  a  public  office  is 
so  vitally  affected  with  the  public  interest  that  when 
its  occupant  ceases  to  perform  his  duties  to  the  inter- 
ests of  the  comnuinity  his  otTicial  tenure  may  be  ter- 
minated. The  recall  is  based  on  the  theory  that  the  peo- 
l)le  must  maintain  a  more  direct  and  elastic  control  over 
their  elective  officials,  or,  to  use  a  homely  Oregonian 
phrase,  that  the  people  should  be  able  to  discharge 
their  public  servants  "  just  as  a  farmer  discharges  his 
hired  men."^ 


>  Mr.  Herbert  S.  Swan  of  Columbia  University,  the  author  of 
this  chapter,  is  one  of  the  committee  investigators  of  the  National 
League. 

« Contrary  to  popular  belief  the  recall  did  not  have  its  origin  in 
I^s  Angeles  in  1903.  It  was  first  cmlKxlicd  in  the  Articles  of  Con- 
federation which  reserved  to  the  individual  states  the  right  of  recall- 
ing any  or  all  of  their  delegates  to  Congress  and  of  sending  others 
in  their  stead.  Although  both  Madison  and  Yates  are  silent  in  their 
reports  concerning  it,  tlie  recall  no  doubt  was  thoroughly  discussed 
in  the  Federal  Cc^nvention  especially  in  regard  to  the  recall  of  sena- 
tors.    Luther  Martin  in  his  "Genuine  Information"  to  the  Mary- 

298 


?S!S?S!^!!S*-i 


USE  OF  THE  RECALL 

A  man  who  breaks  a  contract  or  who  deceives  his 
cheiits  by  making  false  pretenses  is  severely  punish- 
able by  our  laws.  But  electorates  may  be  wheedled 
and  seduced,  the  public  troth  most  atrociously  outraj^ed 
by  insidious  ofticeholders — all  without  redress,  so  long 
as  no  technical  crime  has  been  committed.  ImiK-ach- 
nient  reaches  only  malfeasance,  not  misfeasance  or 
tujn-feasance.  'lliert  is  a  borderland  outside  of  actual 
graft  which  the  law  of  imjR'achment  dcjes  not  ttuch. 
Our  statutes,  as  a  rule,  are  not  so  framed  as  to  cover 
the  George  W'aslungton  Plunkitt  variety  of  "  honest 
graft."  In  instances  of  this  .sort  the  courts  are  power- 
less. 

An  F.nglish  cynic  once  suggested  that  since  moral 
perversity  seemed  t(j  be  the  legislator's  only  infallibil- 
ity, good  government  might  be  readily  achieved  by  in- 
verting the  laws  in  their  administration.  Though  expe- 
rience may  give  this  theory  more  or  less  credence,  the 
recall,  however,  is  based  ujKJn  the  assumption  that  the 
officiars  interest  can  be  conjoined  with  that  of  the  peo- 
ple's by  making  his  tenure  dependent  upon  his  con- 
stantly meriting  the  office.  What  has  annoyed  and 
thwarted  more  than  anything  else,  might  be  called  of- 
ficial aphasia.  Just  when  the  people  have  elected  a 
man  burning  with  patriotic  zeal,  he  suffers  some  sort 


land  legislature  strongly  opposed  tlie  adoption  of  the  constitution 
because  it  omitted  this  feature.  The  principle  also  aroused  a  lung 
and  intensely  interesting  debate  in  the  New  York  Convention.  The 
two  Livingstons,  John  Lansing,  and  Alexander  Hamilton  engaged 
in  tlie  controversy. 

299 


A 


n 
1 


M&!B^^^SgMiy^^-'-^lf'^^^?j£-.IB.FiiillhB5^^ 


I  -. 


Till-:  ixiiiAiivK.  Ki:i-i:Ki:Ni)rM  and  recall 


of  ail  intracerebral  accident.  Ik-  is  no  lonf,a-r  able  to 
interjjret  vox  yopitli.  His  memory  fails  him.  His 
formerly  clear-cut  views  upon  public  (jnestions  become 
emi fused  and  incolurent.  Tarty  platform  and  pre- 
eleitioii  ple<l;.(es  now  mean  nothini;-,  or.  if  they  do, 
sometbin^r  very  dit'ierent  from  what  they  apix-artd  to 
mean  a  sliort  time  aj^o.  The  ayes  and  nays  in  the  legis- 
lative journal,  when  read  in  the  glow  of  his  former 
/est  for  public  service,  appear  unintelligible,  sometimes 
villainous.  The  recall  jjroposes  to  aid  the  officeholder 
in  retaining  a  candidate's  state  of  mind. 

Nor  is  there  any  valid  reason  why  a  man  honestly 
elected  upon  a  platform  which  he  lujiiestly  intends  to 
carry  out,  should  not,  under  certain  circumstances,  be 
recalled.  luen  though  the  representative's  views 
might  approximately  at  the  time  of  election  have  re- 
llected  those  held  by  the  represented,  rising  contingen- 
cies might  tend  to  disturb  and  unbalance  the  intimacy 
of  this  relation.  Conditions  entirely  luiforeseen  then 
might  develop  which  would  .cutler  a  change  of  policy 
imperative.  Surely  legislators  and  councilmen  ought 
to  be  amenable  to  changing,  as  well  as  to  existing, 
public  sentiment.  The  finiteness  of  human  foresight, 
not  less  than  the  fallibility  of  the  electorate's  choice 
and  the  corru])til)ility  of  the  (jfificial,  argues  for  the  re- 
call in  a  popular  government. 

In  passing  upon  the  constitutionality  of  the  Iowa 
law  providing  for  city  gt)vernmenl  by  commission  the 
coiu't  said  in  reference  to  the  recall:  "  Public  officers 
are  created  in  the  interests  of  the  general  public,  and 

300 


USE  OF  THE   RECALL 


not  for  the  benefit  cf  any  indiviiliial.  And  nn  une  in 
possession  of  an  oltice  lias  a  constitnlional  rij^ht  to  re- 
main therein  for  the  fnll  period  of  the  term  f(«r  which 

he  was  elected \^  ""  contract  rif,du  exists 

in  favor  of  the  iticumhent  of  an  office  it  does  not  re- 
main for  him  to  (piarrcl  with  the  method  of  procedure 
a(lof)ted  in  removal  from  othce." 

The  recall  is  perhaps  most  valuable  as  a  jiotential 
club  to  wield  over  recalcitrant  officials.  Witlujut  it, 
public  opinion,  no  matter  how  well  it  may  be  organ- 
ized, loses  one  of  its  most  potent  weapons  with  which 
to  !;ispire  honest  and  efficient  government.  .\n  inde- 
tevminate  tenure  of  ofitice,  for  such  the  recall  may  be 
.said  to  conduce,  places  a  premium  upon  good  service. 
Disrespect  or  indifTerence  to  the  public  will  may  be 
punished  by  a  summary  ejectment  from  office.  A  def- 
inite term  doubtlessly  makes  the  councilman  more  in- 
imical to  crystallized  public  oi)inion.  He  may,  or  may 
not.  give  it  speedy  expression  in  the  enactment  of  de- 
sired ordinances.  In  either  case  he  feels  tolerably 
secure  of  his  seat. 

Threatening  the  use  of  the  recall  has  on  several 
occasions  caused  councilmen  to  abandon  measures  ob- 
jectionable to  their  constituents.  A  case  in  point  is 
where  the  Los  Angeles  aldermen  rescinded  an  im- 
mensely valuable  franchise  in  a  river  bed  in  that  city. 
Another  instance  illustrating  its  worth  in  this  respect 
occurred  in  Des  Moines.  "  When  the  matter  of  ap- 
pointing police  marshal  came  up.  three  of  the  council 
voted  for  a  man  who  had  worked  to  secure  their  elec- 


THE   IMTIATIVE.    RKl-KRKNDUM   AND   RECALL 


tioii.  The  .nj)jH)intnicnt  was  «)p|K»sccl  I'  two  of  tlie 
iniincilmfti,  one  of  wlioin  uad  charj^e  of  the  dcpart- 
iiK'iit  I 'I  |ml)hi-  safety.  l'nwittiii.ijly  one  of  the  three 
above  meiitioiKil  who  voted  for  this  appointment 
dropped  some  remark  which  led  the  puhhc  to  beheve 
there  had  been  a  promise  made  before  election.  This 
suspicion  was  furthere<l  by  the  fact  that  tlie  council- 
num  in  cliarge  of  the  dejjartment  of  pubhc  safety  op- 
posed the  appointment.  A  petition  for  a  recall  of  the 
councihiian  makinp;^  the  unfortunate  retnark  was  at 
once  started.  Before  this  reached  the  council,  how- 
ever, that  body  had  had  a  meeting-  and  quickly  revoked 
the  appointment  and  appointed  a  jx^lice  marshal  who 
had  public  favor." 

The  charge  urged  against  the  recall  that  it  may 
!)e  invoked  to  displace  conscientious  officials  is  not  to 
be  given  much  weight  if  proper  precautions  are  taken 
in  fixing  the  j)ercentagc  recpiired  on  the  recall  petition 
sufficiently  high  so  as  to  remove  the  officeholder  from 
factional  spite.  The  malignant  and  wanton  exercise 
of  the  recall  in  displacing  or  harassing  conscientious 
officials  would  so  arouse  the  public  condemnation  that 
the  measure  could  not  help  falling  through.  This, 
moreover,  has  been  the  actual  experience  of  the  recall. 
In  r'ort  Worth,  Texas,  an  attempt  was  made  to  re- 
move a  commissioner  who  had  enforced  the  law  in  the 
"  red  light  "  district.  The  law-abiding  people  unani- 
mously rallied  to  his  support,  and  his  enemies  failed 
to  obtain  the  necessary  per  cent,  petition  to  force  him 
to  stand  for  reelection.     When  the  police  superintend- 

302 


USE  OF  THE   RECALL 

cnt  of  Des  Moines.  Iowa,  suppressed  jiainldiii^.  repre- 
sentatives of  that  interest  visited  him  at  his  office  and 
told  him  that  if  he  (hd  not  jK-rmit  the  reinstalhnent 
of  slot  machines  a  recall  would  Ik*  starte<l  to  remove 
him.  The  superintendent  immediately  had  the  inci- 
dent printed  in  the  newspaiHjrs  and  the  recall  dul  not 
materialize. 

In  San  Bernardino.  California.two councilmen  who 
voted  for  lettinjj  the  public  advertising  to  a  firm  not 
the  lowest  bidder  were  summarily  ousted  by  their  con- 
stituents.    In  San  Diego,  a  councilman,  whose  conduct 
"  ever  since  he  entered  upon  the  duties  of  said  office 
had  been  in  opposition  to  the  will  and  preference  of 
his  constituents,  and  obstructive  to  the  Ix'St  interests 
of  the  city,"  came  ''ithin  an  ace  of  being  recalled.    lie 
was  spared  the  disgrace  only  by  resorting  to  the  courts 
which  delayed  the  proceedings  until  his  term  e.xpired. 
The  recall  was  exercised  against  a  councilman  in  1*2 ver- 
ett,  Washington,  who  was  "  using  the  inlluence  of  his 
position  to  revive  a  certain  franchise  to  the  prejudice 
of  the  city."    In  Los  Angeles,  Mayor  Harper  was  re- 
called a  little  over  a  year  ago  for  failing  to  enforce 
the  law  against  gambling,  prostitution,  and  the  sale  of 
liquor.     In  Oregon  the  recall  has  been   used  twice. 
All  the  elective  city  ofHicials  except  one,  the  recorder, 
were  removed  a  year  ago  last  spring  at  Estacada.    The 
charge  made  was  gross  mismanagement  of  the  city 
business.    At  Junction  City  the  mayor  hail  a  few  weeks 
earlier  been  recalled  by  a  vote  of  four  to  one.  Last  fall 
two  school  directors  were  recalled  in  Dallas,  Texas, 

303 


■^j^i^m^-^ 


THK    l.\l  riATIX  i;.    UMI.KI  XDCM    .\\|)    |<|;(    \l.l. 


I' 


on  tin*  jjroniK!  of  disiliaij^ini;  tr;uliiT»i  ,iutl  a|»|x)iiitiii>; 
others  ill  llu-ir  stead  lK'(aii->t'  ><\  pnlitical  iiimUvos.  Only 
rcctntly  tlu-  tnaycus  nf  Sialtir  and  Taonia.  W  asliin^'- 
t<in.  Iia\c'  hull  ifialli'd.  In  thr  t'ornuT  citv,  it  was 
allij^cd  that  the  cxfiiitivc  failid  to  cnfurrc  thi-  polirc 
laws  "  iHTniiitin;;  tlic  cily  to  htrr»iiK-  a  hnmt  and  rvi- 
iii^i-  tor  thi'  rriiiiinal  rlassi-s  " ;  in  thr  latter,  the  cnnse 
of  recall  was  found  in  j^eiicra!  inefticiency  and  gross 
inisiiianaj^Hiiient  of  jjiihlie  hiisiness. 

Tlierc  ouj^dit.  perhaps,  to  he  an  initial  jwriod  of 
some  two  or  three  months  durinjj:  which  ;•  newly 
electi'd  coniniissioiKT  shonid  he  imnnine  from  the  lia- 
hility  of  recall.  This  would  not  only  j;i\e  a  council- 
man a  chance  to  otitiine  his  policies,  but  would  also 
give  time  for  the  parti-,an  ill-feeling  aroused  during 
the  canipaijLjn  to  cool.  \\n\  \\h-  (.•iilire  historv  of  Amer- 
ican politics  precludes  scorini;  any  point  for  the  short 
time  exemption  on  the  latter  ground.  Politically  our 
candidalis  are  game  losers.  To  holt  the  party  ticket, 
no  matter  what  the  merits  or  demerits  of  the  case,  has 
universally  heen  regarded  as  a  cardinal  sin.  The  mug- 
wump has  always  heen  ostracised.  Xo  doubt  custom 
would  execrate  the  wouM-he-post-electi  ui  guerilla, 
who  has  just  heen  disappointed  in  his  oftice-.secking 
hopes,  as  a  most  ahominahle  enemy  to  the  i)eople. 

In  most  cities  a  recall  may  be  effected  at  any  time 
during  the  officer's  term.  Vet  in  several  instances  it 
is  provided  that  no  proceedings  may  be  brought 
against  an  incumbent  during  the  first  three  or  six 
months.     In  Boston,  where  the  mayor  now  holds  office 

304 


USE  OK  THK   RK(  AI.I, 

lor  lotir  year-*,  a  recall  may  only  Ik-  had  after  two 
years  by  the  majority  of  iIr-  voters.  St.  Joseph  al- 
lows IK)  .such  election  to  he  lieM  "  within  three  months 
after  the  election  and  (lualilicalion  of  any  city  otVicer, 
nor  within  three  months  prior  to  the  expiration  of  his 
term  of  ofllce."  Instead  of  prohihitijij^'-  proceedinj^s 
aj,'ainst  an  officer  near  the  end  f)f  the  term  thus,  sotne 
charters  permit  the  council  discreti<»fi  to  refuse  action 
if  a  j,'eneral  election  occurs  within  sixty  days.  F-ewis- 
ton.  Idaho,  is  the  only  city  that  expressly  denies  the 
filing  of  more  than  one  petition  during  an  officers  term. 
In  Oregon  no  |)ctition  may  he  circulated  against  any 
state  officer  "  luitil  he  has  actually  held  his  office  six 
months,  save  an<l  except  that  it  may  l)e  filed  against  a 
senator  or  representative  in  the  legislative  assemhly  at 
any  time  after  five  days  from  the  heginnitig  of  the  first 
session  after  his  electioti.'  After  one  such  [K'tition  and 
special  election  no  further  recall  petition  shall  he  filed 
against  the  .same  officer  during  the  term  for  which  he 
was  elected  unless  such  ''urther  petitioners  shall  fir.st 
pay  into  the  puhlic  treasury  which  has  paid  such  special 
election  exi)enses.  the  whole  amount  of  its  exin-nses  for 
the  preceding  sjiecial  election." 

To  ah.solutely  prohibit  proceedings  several  months 
prior  to  the  term's  end  tends  to  make  the  recall  nuga- 


»i1 


'  The  recall  in  Oregon  applies  also  to  the  judiciary.  The  Arizona 
constitution  is  modelled  after  that  of  Oregon  in  this  respect.  Cali- 
fornia will  in  October  vote  on  a  constitutional  amendment  extending 
the  recall  to  every  department  in  the  state  government  including  the 
judiciary. 


It 


'if  I 


THE   IN'ITIATlVi:.    Ki:i  rKI-NDl'M    AM)   KKt  ALL 


|l 


tory  ill  rt-mi'ilyiiiu  llu-  i\iU  l'>i  wliiili  it  i'«  iii^lituleil. 
This  ol)jciti«»ii  :i|t|)lits  still  inori-  iiiipliatit.iily  tr»  the 
l.twisloti  cliarttr.  uliiih  s|KHiriiaIly  limits  ;m  onufr'* 
lialiilitv  to  OIK"  tiiiK'.  Tlu'  •Iiscr«'ti<tii  rt-.i<lr<l  in  llie 
iniiiuij  as  to  the  wairantaltU'iuss  nf  such  <lra>tii-  action 
ou^ht  to  !h'  iiia<li'  su  cla^'tii'  as  t«<  ctiiiHiucr  tliat  Ixxly 
to  rt'fiisc  relief  if  a  jfeJieral  election  is  only  a  short  tiiiu* 
(tistant. 

So  loii^  as  tin-  voter  may  not  at  any  time  recall  his 
chosen  re|irescnfati\es  his  tranchise  is  only  a  remnant. 
The  rijjht  to  elect  and  the  ri^lit  to  recall — each  comple- 
ments the  other.  A  full  and  complete  clect«»ral  fran- 
chise includes  hoth.  A  sufTraj^je  enihracini,'  one  hut  not 
the  other  is  fraj^jnientary  and  only  pntatively  demo- 
cratic. The  recall  will  lend  some  pnr|M»sc  to  political 
discnssion.  .\t  present  it  is  insipid,  meaniiifjless.  Men 
rcj.jnlarly  j,'o  in  and  ont  of  office  hy  fixed  hatches — 
their  tennre.  instead  of  hearinp;  any  rel.ttion  ttnlynamic 
political  conditions,  is,  in  the  words  of  Haj,'ehot.  "  ri^id, 
sjK-cifiefl.  dated."  N'othiiij^'-  can  he  accelerated,  nothing 
retarded.  What  hiisiiu'ss  is  there  at  present  in  atten- 
tion to  politics? 

There  is  little  danger  of  the  recall  heinp^  used  too 
fiften.  As  Mr.  l)a\is  has  indicated  in  the  I'rocccdin^s 
of  the  National  Municipal  League  for  1906.  it  is  far 
easier  to  get  a  man  to  sign  a  jjetition  for  than  against 
a  person.'  And  there  is  neerl  to  he  wary.  In  signing 
a  i)€tition  nir'-ing  untruthful  charges,  the  elector  ren- 


»  Sec  below  p.  317. 
306 


USK  OV  TMi:   KF.i  All, 

elers  liimsflf  >ti^»t  piibU*  In  itiiiii.il  liUI  suit       llie 

i'\|MTiiMi(T  in  I, MS  An^clo  lias  Ik-i'ii  (iiat  iijorr  than 
Iwin'  as  many  |K-<'plf  arc  willni;;  In  v«.tr  fttr  ii-nvnal 
of  an  nrtin'r  uliin  it  omiks  to  tin-  retail  clivtinn  than 
ait'  willnij;  t«i  sij;n  tiic  |Ktitiiin.  'I'lu-  |HiaMita^t'  of 
sij^natnrcs  rc(|nirc(l  on  tin-  jK-tition  .slmultl  tluTcfurc 
not  l>t'  loo  hiylj — twcnty-liw  pir  cent.  \k\u^  m  all  or- 
<linary  comlitions  n«It'»|iialc.  riiirtylivc.  fi»rty  per  cent, 
clearly  animls  its  nsc. 

The  |>ercentane  of  sijjnntnres  ri'»niire«I  on  the  l)cti' 
tion  is  twenty  in  St.  J(»seph,  l"ort  Worth.  (Iraiul  Junc- 
tion anil  Morkeiey  :  twenty-five  in  Iowa.  Kan>as.  Ore- 
gon. Austin,  Texas,  and  l-ewi^ton,  M.iho;  thirty  in 
Colorado  Sprinfjs;  and  thirty-fi\e  in  Dallas,  Texas,  and 
Tuls.i,  Oklahoma.  In  some  of  the  »ion-comini>«sioM 
cities  in  California  it  rises  ;is  hi^h  as  ''  ;rty.  fifty-«)nc 
and  even  sixty  per  rent.  The  saj^acious  statesmen  in 
the  Illinois  Icjfislature  last  year  fixed  the  jK^Tcentajje 
for  that  state  at  seventy-five.  The  hasis  on  wliiih  the 
pcrccntaj.;e  is  reckoned  varies  greatly  in  the  <lirferent 
cities.  In  Los  .Xnj^cles  the  st.indard  taken  is  "  the  vote 
cast  for  all  candidates  for  the  otVice  .it  the  last  jjjeneral 
city  election."  In  Iowa,  it  is  "  the  entire  vote  for  all 
candidates  for  the  otTice  of  mayor  at  tlie  last  preccdinj,' 
general  municipal  election  ";  in  h'ort  Worth,  "the  en- 
tire number  of  persons  entitled  to  vote  in  lid  city  at 
said  time";  in  Grand  Junction,  "the  last  preceding 
vote  cast  for  all  the  candidates  for  governor  of  the 
state  of  Colorado  by  the  electors  of  the  city  ";  in  Bos- 
ton. "  a  majority  of  the  (jualified  voters  retHstered  in 

307 


„*>i 


TIIK    l.\ni\||\|;,    Nl  IIKIAnrM    AM)    Ki:r.\|,L 


N  n 


Jr^'l 


*ai<|  lily  fi»r  >J.ili'  fU-ilii.ti  '  ;  m  «  >rfj;Mii.  "  the  cliclors 
whn  \nu,\  Ml  i„s  «|isfiiii  (t  i|te  |»Ni f.ljnjr  tltntii>ii  for 
Mi'»titT  t'C  tin-  sii|irfiiir  oMitl." 

If  llif  ntYuc  whirl)  iiHii.illy  rrtcivcs  t\w  U-ast  total 
V'"t<'  U-  t;ik«ii  as  till-  |>a>is  fi.i  llir  rnall  |K'tition.  tlir 
vime  rt-Mili  is  arri\i(|  at  as  if  a  h>\\  jtinfiiiaj^r  of  sijr. 
I'.iliiros  wvvv  inniiriMl  in  onUr  I.,  rlftii  a  nrall.  I  hr 
i.iiiT>t  ti'M  \\r»iili|  prnl»al>ly  !«•  ilu  (..tal  mirnlR-r  of 
\otfH  cast  f.ir  till-  olVuT  ill  (;uli  partittilar  iiisiaiUT. 
Mill  wliaUviT  ..line  Ik-  takni  as  a  Hian.lanl.  the  nrall 
shoiil.l  ill  thi-  ritviioii  of  that  oik-  iiuiimlKUl  nuonraj^r 
a  vny  lua\y  |)oll  UtauM'  i\ir\  "  s|a\-af-hom(' "  vi»ti' 
ill  that  om-  cUctioji  wonlfj  |Hi|eiitialIy  (li-priTiatc  ati*l 
jcoiwnli/c  till'  inMiiiaiKiKT  of  all  otlur  otVicial  tomires 
hy  jiist  so  ninth  fa«  ilitatiiij,'  a  possihit  ritall  in  the 
future  If  the  hasis  for  the  ti-iall  petition  f..r  eaeli  of- 
fice, however.  Ik-  its  own  total  vote  at  the  last  precccl- 
iiiK  eieitioii.  then,  tiieontieally.  all  ofHiccs  onjrht  uni- 
formly to  poll  a  he.ivy  \ote. 

(icnerally.  only  one  eleition  is  sufficient  to  decide 
whether  tin-  iiuiiinU-nt  is  to  continue  in  otVice.  and.  if 
he  is  removed,  who  is  to  succeed  him.  Hut  in  some 
cities,  of  whith  I  ).illas.  Texas.  Tulsa.  Oklahoma,  and 
Taconia,  Washington,  are  !i:^f;inces.  something,'  similar 
to  the  IVench  hullotoi^c  and  identicil  with  the  (ierman 
t-ttf^iKi'  U'ahl  has  heen  adopted — that  is.  if  more  than 
two  candidates  run  for  an  ofTice  ami  none  receives  an 
ahsolute  tnajorify  of  all  the  \  .tes  cast,  then  this  elec- 
tion serves  only  as  a  primary  to  a  sufiplenicntarv  elec- 
tion in  which  only  tuti  candidates,  the  ones  rcceivinv^ 

308 


rsE  t)i'  Tin:  ki;i  ai.i. 


thf  ImhIk'M  an  I  Mrc«»H"l  luulH-'t  nuinUr  of  votck  at  llic 
pimiary,  an  ih«-  »<'iii|>t'iUor!*. 

\\  lull  laK'nia.  \\  a«.liinKt'»n.  rotallnl  lur  mayor, 
last  spiiti},'.  tluTi-  wfii'  in  atl'liin-ii  !<•  tin-  ultit ih-il«liii^ 
mayor  two  c.tlicr  caiitlnl.ito  for  the  olVuc.  riiouult 
siNtytwo  jKT  ivnt.  of  the  \«>tvr<»  in  lhi'»  lirst  cUctioii 
iiulicatctl  that  they  tlcMrol  a  chan^;i-  in  the  mayoralty, 
they  wen-  not  tniaiiimoiis  in  their  ilioiic  as  to  the  iii- 
cumU'nt's  sunfssor.  forly-livc  |K'r  cent,  voting  for  one 
cantliilati'  ami  M-vciHecn  |K-r  ant.  for  aiioilu-r,  l'.\cn 
though  May«)r  l-awiTtt  ha«l  obviously  htsl  the  public 
loiili.lfmf.  since  he  received  only  thirty-eiKht  \n.'r  cent, 
of  the  total  vote  |H>lle<l.  he  was  |)erinitte»l  thrcniKh  this 
proviso  in  the  Tacoma  recall  to  stami  for  still  another 
election,  the  first  lieii^'  imw  c«)nsi«lere»l  merely  a  pri- 
mary. The  jRople.  however,  again  reputliated  him, 
ami  elected  his  .i|)|)oiient. 

Aside  from  these  few  cities,  the  i)cople  are  spared 
and  expense  of  a  second  election  •^^^ince  a  plurality  is  all 
that  is  needed  to  elect  a  successor  t«.»  the  one  recalled. 
To  this  there  is  but  one  exception,  that  of  Austin, 
Texas.  There  a  practice  more  peculiar  than  the  one 
just  descriln-d  exists — a  practice  no  doubt  devised  by 
designing  politicians  in  order  to  bring  the  recall  into 
great  disfavor,  if  not  to  render  it  altogether  inoi)cra- 
tive.  In  Austin  die  bare  issue  of  recall  is  first  pre- 
senteu  to  the  people  at  a  special  election  when  it  has 
been  so  petitioned  by  the  necessary  percentage  of 
voters.  If  they  decide  in  favor  of  a  recall  at  this  elec- 
tion, the  otVice  is  summarily  declared  vacant  and  the 

jog 


'*m    ',      ^^ 


^^^^\^^^^^^b 


>    .-.A^li^*''/. 


THE  IXITIATI\E.   REFERENDUM    AXD   RECALL 


iiiciitnhcnt  is  f(»rl)i<l(leii  to  be  a  candidate  to  succeed 
Iiimst'lf.  His  successor  is  then  selected  by  the  method 
used  in  Tacoina.  The  chniisiiu'ss  of  the  Austin  char- 
ter necessitates  never  less  than  two  elections,  and 
sometimes,  when  an  absolute  majority  of  the  voters 
are  disiniited  and  refuse  to  supjjort  some  one  candi- 
date, three  elections  are  necessary  in  order  to  recall 
an  official. 

The  successor  to  the  one  removed  usually  holds 
C)ftice  only  durinj^-  the  unexpired  term.  Boston  is  the 
sole  exception  to  this  rule.  There,  at  the  j,aMieral  state 
election  in  the  secctnd  year  of  the  mayor's  term,  the 
(|uestion  is  submitted  to  the  voters  whether  they  wish 
a  new  election  for  mayor  to  be  held  at  the  city  elec- 
tion in  the  followinj^'  January.  If  a  majority  of  the 
registered  voters  answer  this  ([uestion  in  the  affirma- 
tive, such  an  election  is  held.  If  a  new^  election  is 
lield,  it  is  for  a  four-year  term,  with  a  similar  ])ower 
of  recall  in  the  second  year.  Cases  where  the  recalled 
officer  is  afterwards  publicly  discriminated  against  are 
not  altogether  wanting.  Berkeley,  California,  was  the 
first  to  prohibit  one  who  has  been  removed,  or  who  has 
resigned  while  such  proceedings  were  pending  against 
him,  from  being  a])pointed  to  any  office  within  one 
year.  Other  cities,  such  as  Grand  Junction  and  Colo- 
rado Springs,  Colorado,  have  cojjied  this  provision  into 
their  charters  word  by  word. 

The  city  clerk  is  almost  without  exception  allowed 
extra  help  by  the  council  in  examining  the  validity  of 
the  signatures.    The  charter  of  Lewiston,  Idaho,  some- 

310 


USE  OF  THE  RECALL 

what  differently  from  the  Oregon  law.  provides,  how- 
ever, that  such  extra  help,  not  exeecdini,'-  in  cost  the 
Slim  of  one  hundreil  dollars  is  to  'k-  .wii'l  l>y  the  peti- 
tioners who  shall  deposit  the  sum  •.i-Tessiiiy  v  th  the 
city  clerk  at  the  time  of  tilinj,'  th  n  litimi.  \ny  sur- 
plus in  the  amount  deposited  ovci  a. id  : '■  <  ve  the  ex- 
pense incurred  shall  he  returned  to  the  persons  hy 
whom  the  same  was  dejKJsited.  With  this  exception, 
and  all  elections  hehl  against  an  (-fticial  in  Oregon  sub- 
sequent to  the  initial  one.  the  cost  incident  to  the  re- 
call election  is  made  a  puhlic  charge. 

The  strongest  case  against  the  recall  is,  perhaps, 
its  expensiveness.  In  a  large  city  the  size  of  New 
York  or  Chicago,  it  prohahly  wi.uld  he  prohihitory.  In 
Los  Angeles  the  cost  incurred  through  its  exercise  is 
said  to  have  heen  nine  thousand  dollars,  a  sum  the  Cal- 
ifornians  considered  a  mere  iKigatelle  comjjared  to  the 
henefits  derived  from  its  exercise.  The  wisdom  of 
having  the  petitioners  stand  the  cost  of  certifying  and 
verifying  the  signatures  as  in  Lewiston.  Idaho,  is  open 
to  serious  (loul)t.  In  some  states  it  certainly  would  he 
held  unconstitutional  for  being  a  new  and  adilitional 
qualification  for  the  exercise  of  the  suffrage.  It  vir- 
tually constitutes  a  property  qualification  upon  the 
right  to  vote. 

The  recall  is  of  special  significance,  since  if  it 
prove  practicable,  and  this  its  limited  experience  seems 
to  promise,  it  may  become  the  means  of  a  most  salu- 
tary imi)rovement  in  municipal  government — the 
lengthening  of  the  term  for  elective  officials.     Its  in- 

311 


THK   INITIATIVE.    Ki: FliRK NDLM    AM)    RECALL 


coriK)ration  into  city  charters  lias  already  shown  a 
movement  in  this  (hrection.  Berkeley  and  San  Die^^o, 
Cahfornia.  Colorado  S])rinj4s  and  Grand  Junction,  Col- 
orado, have  extended  the  term  of  the  conneihnen.  or 
commissioners,  to  fom*  years.  Illinois,  also,  provides  a 
fonr-year  term;  South  Dakota  a  term  of  five  years. 
Where  the  recall  has  heen  introduced  it  seems  to  be 
expected  that  public  opinion  will  supersede  the  need  of 
actual  votin^^  There  can  he  no  douht  that  all  super- 
fluous elections,  and  hence  all  needlessly  short  terms 
of  oftice,  complicate  politics  and  weary  the  elector. 


^r^  '^\  :mj^^'  r^'  * 


CHAFTKR  XIII 


THE  RECALL  AS  A  MEASURE  OK  POPULAR  CONTROL 


ii 


In  an  address  at  the  Atlantic  City  meeting  ( 1906) 
(»f  the  National  Municipal  League  Thimias  A.  Davis 
contributed  this  discussion. 

Before  election  candidates  as  a  usual  thing  are  pro- 
fuse with  promises.  Init  it  is  remarkable  how  (juickly 
after  being  elected  these  promises  are  forgotten  and 
how  the  wishes  of  the  people  are  thrown  to  the  winds. 
Instead  of  conducting  municipal,  county  and  state  gov- 
ernments for  the  people,  in  many  ca.ses  we  are  forced  to 
the  conclusion  that  the  members  of  these  public  bodies 
elected  by  the  jjcople  even  sit  there  as  the  paid  repre- 
sentatives of  private  interests,  while  the  jjublic  treasury 
is  looked  upon  as  the  proper  thing  to  be  robbed  and 
plundered. 

As  a  usual  thing  candidates  are  elected  or  appointed 
to  public  office  for  terms  rrnging  from  one  to  five 
years.  After  they  have  been  inducted  into  the  office, 
no  matter  how  shameful  or  degrading  their  conduct 
may  be.  there  is  not  at  the  present  time  any  adequate 
manner  in  which  the  public  can  call  to  account  an  err- 
ing public  servant.  The  public  servant  becomes  the 
21  313 


THE   INITIATIVE.    REFERENDUM    AND   RECALL 

puhlic  master  for  the  halaiic-e  of  his  ttrin.  and  in  many 
cases  \vc  have  seen  these  acts  of  a  man  committeil  dur- 
ing his  term  forgotten  when  his  term  is  ahout  to  ex- 
pire, and  the  i)erson  reelected  to  tlie  (jffice  with  perhaps 
an  increased  majority.  Of  course,  such  an  occurrence 
as  this  is  (hie  to  apathy  an<l  iuthlference  of  the  electors, 
and  so  long  as  they  are  willing  to  remain  in  that  state, 
they  prohahly  get  alK)ut  as  good  government  as  they 
deserve. 

If  a  man  employs  an  agent  for  a  term  of  years  by 
contract,  and  that  agent  hetrays  his  principal,  the  prin- 
cipal may  terminate  the  contract  and  get  rid  of  the 
faithless  one.  Ofticeholders  stand  in  the  same  position 
to  the  jjuhlic  as  the  agent  does  to  the  principal.  They 
are  simply  the  instruments  for  carrying  on  the  business 
of  the  public,  and  if  they  are  faithless  in  performing 
their  duties  the  law  should  prrivide  ade([uate  means 
for  getting  rid  of  them  and  jjutting  others  in  their 
places.  This  thought  no  doubt  has  l)eeii  in  the  minds 
of  ])eople  for  a  long  time,  but  it  was  not  until  such 
a  method  of  procedure,  which  has  been  designated  the 
recall,  was  put  into  effect  in  Los  Angeles.  California,' 
that  this  section  of  the  country  came  to  the  conclusion 
that  their  theories  had  materialized  in  the  Far  West, 
and  an  agitation  has  been  accordingly  started  to  con- 
sider the  advisability  «)f  such  a  law  in  New  Jersey. 

The  recall  is  a  method  by  which  it  is  possible  for 


'  Sec  the  paper  of  Charles  D.  Willard  on  Los  Angeles  in  the  New 
^'()rk  volume  of  Froceedine,s  of  the  National  Municipal  League  for 
InrtluT  references  to  the  recall. 

,?I4 


^  ■:->^'!^A^bf^^'^   ^'^\ 


l.diK 


A   MEASURE   OF   POPULAR  CONTROL 

the  public  to  free  itself  from  incompetent  and  objec- 
tionable officials.  As  outlined  in  the  Los  Angeles  stat- 
ute the  law  applies  to  elective  otVicers.  If  the  jjublic 
wishes  to  vacate  the  office  of  an  objectionable  olVicial, 
a  petition  must  be  sij^ned  by  twenty-five  per  cent,  of 
the  entire  vote  for  all  camlidates  for  that  office,  de- 
manding the  election  of  a  successor  U)  the  officer 
sought  to  be  removed.  The  petition  must  state  the 
grounds  upon  whicii  the  removal  is  sought.  The  sign- 
ers must  put  their  addresses  after  their  names  and  the 
whole  petition  .shall  be  verified  by  the  oath  of  at  least 
one  pcrs  m  wln)  saw  all  of  the  others  sign.  The  peti- 
tion, thus  verified,  is  filed  with  the  city  clerk,  who 
within  ten  days  after  filing  examines  it  for  the  pur- 
pose of  ascertaining  if  the  necessary  number  have 
signed,  and  issues  a  certificate  as  to  his  finding.  If 
he  finds  the  petition  insufficient,  it  may  be  amended  in 
ten  days  after  the  issuance  of  his  certificate.  If  still 
insufficient  after  such  amendment,  it  is  returned  to  the 
petiti(jners  without  prejudice  against  the  filing  of  an- 
other petition.  If  the  petition  is  found  by  the  clerk  to 
be  sufficient,  he  issues  his  certificate  to  the  municipal 
governing  bcxly  to  that  efifect.  The  governing  body 
shall  then  order  an  election  to  be  held  within  not  less 
than  thirty  days  and  not  more  than  forty  days  from 
the  date  of  the  certificate.  The  election  shall  l)e  con- 
ducted as  other  elections  are  conducted.  The  Los  .An- 
geles statute  ])rovides  that  the  person  sought  to  be 
removed  may  be  a  candidate  to  succeed  himself,  unless 
he   reijuests  otherwise   in    writing,  and   unless   lie   so 

315 


vte 


"^•TTsnsastsif"  i^^^w.- 


TIIK   IXITIATIVR.    RF.FRRRNDl'M    AND   RECALL 


rc(|uests  the  clerk  puts  his  nnnu-  dii  the  ticket  as  a  can- 
didate. If  some  candidate  other  than  the  incumbent 
receives  the  hij^hest  tinmher  of  votes  he  sliall  Ir  elected 
and  serve  for  the  unexpired  time  of  the  person  com- 
plained aj^aitist.  who  shall  he  removed.  If  the  incum- 
bent receives  the  highest  numljer  of  votes  he  shall  con- 
tinue in  his  office.  These,  briefly,  are  the  provisions 
of  what  is  designated  as  the  recall,  and  are  a  part  of 
the  statute  law  governing  the  city  of  Los  Angeles. 

In  the  consideration  of  it  here  the  first  ((uestion 
naturally  would  Ix'.  do  we  need  it?  It  would  appear 
to  me  to  he  unnecessary  to  go  into  any  extended  argu- 
ment to  ccjuvince  all  present  and  all  who  are  not  pres- 
ent that  if  the  lecall  will  do  what  the  provisions  that 
T  have  stated  allege,  then  we  undoubtedly  need  it  and 
need  it  very  badly,  and  have  needed  it  for  a  great 
many  years.  Probably  there  are  very  few  here  present 
who  have  followed  municipal,  county  and  state  affairs 
in  New  Jersey  who  do  not  now  conclude  that  had  we 
the  recall  in  New  Jersey  in  years  gone  by,  and  if  things 
then  happened  that  have  happened,  the  law  would  cer- 
tainly have  had  to  work  overtime.  Without  particu- 
larizing instances,  we  can  recall  to  our  minds  cases 
within  our  knowledge  where  the  people  of  our  own 
neighborhoods  would  have  welcomed  it,  in  order  to 
rid  themselves  of  officials  not  only  incompetent,  but 
whom  we  believe  to  have  yielded  to  the  corrupting 
influence  of  money. 

The  next  (|ucstion  that  might  be  asked  is,  is  recall 
fair  lo  official  and  lo  people?    In  Los  Angeles  twenty- 

316 


ITl 


A   MEASURK   OF   r'OPl'LAR   CONTROL 

five  per  cent,  of  the  entire  vote  for  an  ortice  is  rctinired 
to  be  signed  to  a  petition  Ix'fore  the  tnachincry  of  recall 
can  l)e  set  in  operation.  Consideriii}.,^  the  fact  that 
for  an  ordinary  office  tliorc  may  he  from  three  to  six 
candidates,  this  percentage  v  -mid  certaiiil;  seem  to  he 
large  enongli  to  remove  the  suspicion  of  't.nriK-ss. 
hecanse  it  is  far  easier  to  get  a  man  to  sign  a  petition 
for  a  person  than  it  is  to  sign  one  against  a  |)crson. 
Were  the  recall  adopted  in  New  Jersey  the  percentage 
might  not  he  fixed  at  twenty-tive  [wr  cent. :  it  might 
be  more  or  it  might  be  less.  So  far  as  the  incumbent 
is  concerned,  after  the  petition  is  filed  against  him  he 
still  has  the  opportunity  under  the  method  of  proce<lnre 
to  \  indicate  himself,  and  if  he  makes  no  move  at  all 
the  law  orders  him  put  upon  the  ticket  as  a  candidate 
for  reelection.  It  seems,  therefore,  that  the  provisiims 
are  efpiitable  in  attempting  to  take  care  of  both  accu.sed 
and  accuser. 

Query  might  be  tnade.  is  it  not  likely  that  the  right 
to  i)etition  might  be  abused  and  |)etitions  filed  without 
just  cause?  I  think  we  can  safely  .say  there  would 
be  no  danger  of  abuse  of  the  right  co  petition.  The 
experience  of  those  familiar  with  nuinicipal  bodies  is 
that  even  now  the  people  of  a  neighborhood  may  tol- 
erate an  abuse  of  their  rights  for  a  considerable  time 
before  petitioning  their  local  governing  bodies  for  a 
correction  of  the  abuse,  .\gain,  if  the  jjcrcentage  of 
the  electors  required  to  sign  is  mi  le,  for  example, 
twenty-five  per  cent.,  it  would  be  imiwssible  to  pro- 
cure su'rh  a  number  of  signers  unless  the  petition  was 

317 


51 


THK.   INITIATIVK.    KKI  KKKN'DUM    AM)   RtCALL 

hascil  iiiMtn  justice.  PiiMkity  and  |)ul)lic  opinion  an- 
the  j,Mi''''t  innvieiKes  in  our  country  tu-da).  and  when 
the  movt-mcnt  to  put  into  ()|K'ration  the  machinery  of 
recall  is  iKj^nin,  it  must  receive  the  approval  of  the 
penpk-  or  it  will  ahsuhitely  fail. 

We  have  in  the  state  of  New  Jersey  to-day  a  law 
which  permits  a  small  nunilKM-  of  ta.xpayers  (twenty- 
five)  to  petition  a  supreme  court  justice  for  the  ap- 
pointment of  a  commissioner  to  investigate  municipal 
and  county  afTairs.  The  numher  of  signers  required 
is  so  small  that  it  might  he  easily  aluised.  yet  all  we 
have  to  do  is  read  the  newspajwr  account*-,  of  auch  in- 
vestigations to  he  convinced  that  in  every  case  where 
application  was  made  and  a  commissioner  appointed, 
the  investigation  should  have  hcen  carried  on. 

There  is  one  provision  of  the  Los  Angeles  plan 
which,  to  my  nnnd.  should  l)e  enlarged  upon  if  the 
state  of  New  Jersey  is  to  adopt  the  plan  of  recall. 
The  I. OS  Angeles  plan  apparently  applies  only  to  elec- 
tive municipal  ofllcial.s.  I  can  see  no  good  reason,  if 
we  .slutuld  ask  for  the  enactment  of  a  statute,  why  it 
should  not  he  emhodied  in  a  general  law  and  why 
officials  affected  should  not  he  munici[)al,  county  and 
state  officials,  hoth  elective  and  appointive. 

In  the  municipalities  to-day  there  are  very  few 
officials  elected  outside  of  the  mayor,  the  governing 
hody,  and  the  board  of  education.  Practically  all  the 
other  officials,  such  as  assessors,  tax  commissioners, 
fire  commissioners,  police  commissioners,  boards  of 
health,  boards  of  assessment,  and  city  officials  are  ap- 

318 


A   MEASURE  OF  POPULAR  CONTROL 


pointed  cither  by  the  mayor  or  the  j^ovcniing  boily, 
while  1  the  coiititics  and  state  there  are  iiimunerahk' 
hoards  and  olTicers  that  are  not  elected  at  all,  but  are 
appointed  by  an  ofticer  or  a  Ixxly,  which  is  itself 
elected.  It  seems  tu  me  that  the  recall  shouM  not  stop 
as  ill  Los  An^eks  at  elective  ofl'iccrs.  but  all  oflicers, 
boanls  or  bodies,  whether  elective  or  ap|)ointive,  siioiild 
be  amenable  to  the  public  and  it  should  Ix-  within  the 
I)ower  of  the  fK'oplc  to  call  them  to  task  whenever  their 
conduct  justifies  it.  The  method  t»f  procedure  out- 
lined in  the  Los  Angeles  statute  covers  the  point  as 
to  elective  municipal  officers.  Of  course,  if  we  go  be- 
yond this  and  embrace  municipal,  county  and  state 
officials,  elective  and  apixiintive,  the  modus  operandi 
would  have  to  be  framed  to  suit  the  case 

It  is  rather  difficult  to  say,  without  discussion  and 
considf  rati(m,  what  method  of  procedure  should  be 
adopted  to  bring  the  provisions  of  recall  to  l>ear  uiK)n 
an  appointive  officer.  The  Los  Angeles  provisions  will 
not  apply.  This  is  a  question  that  might  well  be  dis- 
cussed until  a  proper  plan  is  ad<  •  ted,  if  the  suggestion 
appears  to  be  a  proper  one.  It  seems  to  me  that  in  the 
case  of  an  appointive  officer  the  i^tition  to  be  signed 
by  a  certain  percentage  or  numljer  of  taxpayers  should 
be  presented  to  the  appointing  power  in  the  shape  of 
charges,  and  the  appointing  power  should  either  place 
the  accused  on  trial  before  itself  upon  the  charges,  or 
appoint  a  commission,  outside  of  its  own  number,  to 
hear  the  charges  and  conduct  the  trial.  If  the  accused 
is  found  guilty  that  should  terminate  his  right  to  hold 

319 


m 


^^^^^^r 


wm 


THE  INITIATIVE.    RKFKRKNDUM    AND   RECALL 

llic  oflicc.  and  if  not  guilty  he  shciuld  be  allowed  to 
continue  therein. 

In  the  last  session  of  the  New  Jersey  legislature, 
two  bills  prepared  by  a  cotntnittec  of  the  New  Jersey 
Civic  Federation  were  introduced,  attempting  to  put 
the  recall  into  effect  in  the  state  of  New  Jersey.  The 
hills  were  known  as  Senate  Bills  Nos.  iTjq  and  170. 
They  were  referred  to  a  committee  but  were  not  en- 
acted into  laws.  It  was  hardly  expected  that  the  bills 
would  be  enacted  into  laws  at  the  session  at  which 
they  were  introduced,  but  the  purfjose  of  having  them 
prepared  and  introduced  was  to  attract  the  attention  of 
the  public,  and  induce  discussion  on  the  recall  principle. 
Several  societies  have  already  discussed  the  subject, 
and  it  is  hoiked  that  it  will  be  'ely  discussed  before 
another  legislature  shall  meet,  ui  which  time  the  pas- 
sage of  a  recall  law  will  be  urged  with  the  expectation 
that  such  a  law  will  find  its  way  into  the  statute  books 
of  the  state  of  New  Jersey. 


CHArTER  XIV 


THK  RF.(  Al.l.   IN   I.OS  ANdELES 


I 


In  the  autumn  <f  18(^9  the  citizens  of  Los  Angeles, 
iK'hcvitij,'  that  tltfir  charter  (adopted  in  1889  when 
the  nuinicipahty  had  scarcely  reached  the  proportions 
of  a  gooil-sized  town)  had  become  inadequate  to  meet 
the  newer  conditions,  elected  a  hoard  of  freeholders 
for  the  purpose  of  drafting  a  new  charter.  When 
this  body  had  nearly  completed  its  draft,  however, 
the  supreme  court  of  California  decided,  upon  a  tech- 
nical point,  that  the  lx)ard  was  not  legally  consti- 
tuted, and  its  draft  could  not  be  submitted  to  the 
|)eople.  When  a  new  board  was  chosen,  ht)wever, 
much  of  the  work  done  by  its  predecessor  was  util- 
ized, and  in  1902  the  voters  were  given  the  oppor- 
tunity of  passing  ujKjn  a  new  charter  which  contained, 
among  other  novel  provisions,  an  arrangement  for 
the  recall  of  elective  officers.  After  the  adoption  of 
the  charter  at  the  polls  it  went  before  the  state  legis- 


»A  summary  of  an  article  by  Charles  Dwight  Willard,  secretary 
of  the  Los  Angeles  Municipal  League,  in  La  FoUetU's  Magcuine,  Au- 
gust 7,  1909. 

381 


■■i 


Hif 


oM. 


THE   INMTIATIVi:.    RM'I-RKN'DUM    AM)   UB  ALL 


laturc  for  raiifKatifm.  ami  ihcri'  a  viKurtniA  ()|>|K)!iition 
to  the  recall  feature  was  eiiountered,  I'or  a  time 
it  apiH'are«l  an  tlmujjli  this  provision  might  be  elimi- 
!iaie<l  I  he  prtretUnt.  Imwever.  \\a^  for  the  im- 
i<iii<liii..nal  arteptame  of  all  iharters  whith  ha«l 
lieeii  en<l<iiseil  In  llu-  \uurs  of  a  rilv  ami  the 
leKi>Iatnre  .liil  u<>\.  in  the  in«l.  venture  t..  .lepart  from 
this. 

After  the  final  adoption  of  the  new  charter  in 
1903  it  was  not  long  U'fore  tlie  recall  provi.Mon  was 
put  into  active  use.  The  city  council  ot  l,os  Angeles 
was  at  this  time  tna«Ie  up  mainly  <»f  machine  jioli- 
ticians.  who  derived  mmh  nf  their  strength  i.om  the 
aggressive  stipport  of  a  KtpMhlican  ncw^pa|)er.  When 
the  contract  for  the  city's  printing  was  alxMit  to  lie 
awarded  it  was  f(.nnd  that  the  projKisal  made  by  this 
newspai»tr  was  alx.ut  $15  otx)  alxivc  that  made  by  the 
lowest  bidder, — an  indefKiidcnt  journal.  Neverthe- 
less, the  council  awarded  the  cotitract  at  the  higher 
figure. 

It  hap|)ened,  however,  that  the  newspajjcr  which 
secured  the  contract  was  an  aggressive  antagonist  of 
the  local  lalK)r  unions.  It  was  con«lucted  on  the  prin- 
ciple of  the  ojien  shop.  The  lalxir  lea<lers,  accordingly. 
oiK'ned  a  campaign  of  protest  against  the  award,  and 
in  due  course  took  steps  to  secure  the  recall  of  a  coun- 
cilman from  the  si.xth  ward  of  the  city.  This  coun- 
cilman had  voted  for  the  awar<l  although  a  large 
number  of  workmen  voters  were  rolled  in  his  ward. 
The  necessary  signatures  for  a  recall  jHrtition  (twenty- 


THE  RF.CALL  IN  LOS  ANi;iiLES 

five  per  tent,  of  the  v»>tcsi  |n»IIe«l  at  the  last  election) 
were  secured  ami  a  recall  election  ortlcre«l.  An  appos- 
ing candidate  was  secureil  ami  at  the  election  won  hy 
a  \ery  larjje  majority. 

The   second    u<m:   of   the   recall   in    I..0S   Angeles 
brnuKht  the  vntcr'*  of  the  whole  city  and  not  merely 
those  of  a  sin^'le  ward  into  aiiioii.     At  tfu-  n»  nicii»al 
elections  <  i  I9<X»  there  was  a  .strojij;  Hcntiineiit  in  I.os 
Angeles  that  the  Kovernmcnt  of  the  city  Nhould  Ik*  en- 
tirely non-partisan,  and  an  organization  was  created 
to  help  bring  this  t«»  |)ass,     .\  slate  of  catnlidatcs  was 
put  in  the  field.  an<l  in  addi  >  m  to  this  there  were,  of 
course,   tickets   put    forwanl   hy    the    Repuhlican 
Democratic  party  organizations.     It  hapi)encd  that  -. 
three  candidates  for  mayor  were  well  known  and  the 
result  of  the  election  wouhl  have  lieen  very  close  had 
not  the  Republican  machine,  in  the  closing  days  of  the 
campjiign.  thrown  its  strength  to  the  Democratic  can- 
di<late.  thereby  electing  the  latter.     The  mayor-elect 
was  Mr.  A.  C.  Hari)cr.  an  officer  wi  one  of  the  largest 
Los  Angeles  banks  and  a  business  man  ^f  excellent 
standing.     He  was  duly  installed  in  office  and  began 
with  the  advantage  of  a  general  iM)pular  impression 
that  he  would  conduct  a  highly  successful  administra- 
tion, notwithstanding  the  metho<ls  used  by  i)arty  lead- 
ers to  secure  his  election. 

But  events  soon  disiielled  this  illusion.  The  appoint- 
ments which  Mayor  Hari)er  made  during  his  first  year 
in  oflftce  were  of  a  iKX)r  tyix;,  and  rumors  that  the 
mayor  was  shielding  wrong-doers  from  the  enforce- 

333 


THE   INITIATIVE,   REFERENDUM   AND  RECALL 


ment  of  the  laws  were  soon  in  currency.  Matters  came 
to  a  head  when  the  city  prosecutor,  Mr.  T.  L.  Wool- 
wine,  made  newspai)cr  attacks  upon  the  mayor  and 
several  of  his  officials,  charging  them  with  the  protec- 
tion of  vice.  Newspapers  printing  the  charges  were 
at  once  sued  for  libel.  But  before  the  matter  could 
bo  threshed  out  in  the  courts  the  Municipal  League 
of  Los  .\ngeles  held  a  meeting  and,  after  full  discus- 
sion, instructed  its  executive  committee  to  undertake 
the  circulation  of  a  petition  for  the  mayor's  recall. 
Eight  thoiisand  certified  signatures  were  necessary; 
but  within  a  fortnight  eleven  thousand  had  been  se- 
cured, and  an  election  was  ordered. 

Some  difficulty  was  experienced  in  securing  a  can- 
didate to  take  the  field  again.st  Mayor  Harper,  but  Mr. 
George  Alexander,  who  had  been  for  a  number  of 
years  county  supervisor,  was  prevailed  upon  to  under- 
take the  leadership  of  the  anti-Harper  forces.  Before 
the  election  came  on  there  were  some  additional  dis- 
closures concerning  Mayor  Harper's  connection  with 
wrong-doing,  and  upon  the  publication  of  these  he  de- 
cided to  resign.  This  action  was  taken  two  weeks  be- 
fore the  day  set  for  polling.  The  council  which,  un- 
der the  charter,  had  the  right  to  fill  vacancies,  chose 
a  mayor  pro  tempore,  and  the  election  was  allowed  to 
proceed. 

The  only  remaining  name  upon  the  official  ballot, 
in  addition  to  that  of  Mr.  Alexander,  was  the  name  of 
Mr.  Fred  C.  Wheeler,  a  candidate  put  forward  by  the 
Socialists.     The  Harper  supporters  now  threw  their 

334 


THE  RECALL  IN  LOS  ANGELES 

strength  to  Mr.  Wheeler,  and  made  a  vigorous  attempt 
to  secure  his  election.  They  were  not  successful,  how- 
ever, and  Mr.  Alexander  won  by  a  majority  of  about 
1, 600  votes.  The  consensus  of  opinion  is  that  he 
made  a  successful  mayor;  he  was  renominated  and  re- 
elected at  the  two  succeeding  elections. 


CHAPTER  XV 


THE   RECALL   IN    SEATTLE* 


On  March  (>.  1906.  the  voters  of  Seattle  by  a  ma- 
jority of  8,047  out  of  a  total  vote  of  10,577  wrote 
into  the  city  chaiitr  the  provision  for  the  recall  of 
all  elective  officers  of  the  municipality. 

The  process  is  simple.  "  A  petition  signed  by 
voters  entitled  to  vote  for  a  successor  to  the  incum- 
bent, equal  in  number  to  at  least  twenty-five  per  centum 
of  the  entire  vote  for  aU  candidates  for  the  office,  the 
incumbent  of  which  is  sought  to  be  removed,  cast  at 
the  last  preceding  general  tnunicipal  election,  demand- 
ing an  election  of  a  successor  of  the  person  to  be  re- 
moved "  must  be  filed  with  the  city  clerk.  This  jieti- 
tion  must  bear  "  a  general  statement  of  the  grounds 
for  which  removal  is  sought."  "  The  signatures  need 
not  be  appended  to  one  paper,  but  each  signer  shall 
add  to  his  signature  his  place  of  residence,  giving  the 
street  and  number."  "  Any  person  competent  to  make 
affidavit  may  circulate  "  the  petition  and  "  sliall  make 
oath  before  an  officer  competent  to  administer  oaths 
that  the  statements  therein  made  are  true,  and  that 


'  By  Fred  Wayne  Catlett,  secretary  to  the  mayor  of  Seattle. 

326 


THE  RECALL  L\  SEATTLE 


each  signature  to  the  paper  appended  is  the  genuine 
signature  of  the  person  whose  name  purports  to  be 
thereunto  subscribed."  Ten  days  are  allowed  the  city 
clerk  to  check  the  signatures  with  the  poll  books.  In 
any  case  he  must  attach  a  certificate  "  showing  the 
result  of  the  examination."  If  this  certificate  shows 
the  petition  insufficient,  ten  days  are  allowed  for  the 
filing  of  a  supplementary  i)etition.  Ten  days  more 
are  given  the  clerk  to  check  this  petition.  I  f  insufficient, 
the  whole  petition  is  leturned  to  the  person  filing  it 
"  without  prejudice  to  the  filing  of  a  new  petition."' 
If  a  petition  is  found  "  sufi'icicnt,"  the  clerk  must  so 
certify  to  the  city  council  at  once,  and  it  must  .set  the 
date  for  the  election  "  not  less  than  thirty  days  nor 
more  than  forty  days  fr(»m  the  date  of  the  clerk's  cer- 
tificate." All  the  ordinary  steps  to  hold  an  election 
arc  taken.  The  incumbent's  name  is  placed  on  the  bal- 
lot "  unless  he  requests  otherwise  in  writing."  The 
candidate  receiving  the  highest  number  of  votes  is 
chosen  to  serve  out  the  remainder  of  the  incuml^ent's 
term. 

That  is  '  -hole  of  the  "  recall  "  charter  provis- 
ion. At  it.  '  rial  it  was  discovered  that  it  provided 
no  method  (  lominating  opponents  of  the  incum- 
bent. Fortunately  the  state  legislature  was  in  session 
at  Olympia,  and  an  act  known  as  chapter  2  of  the  Ses- 
sion Laws  of  iQii  was  rushed  through  as  an  emer- 
gency measure,  providing  for  nomination  l)y  petition 
signed  by  electors  equal  in  number  to  not  less  than 
five  per  cent,  of  the  total  vote  cast  for  the  incumbent 

327 


HI 


^mmm 


iiP 


THE  INITIATIVE,   REFERENDUM  AND  RECALL 


against  whom  the  recall  is  directed.  Each  elector 
signs  his  place  of  residence,  his  business,  and  his  ad- 
dress hy  street  and  number.  This  petition  must  be 
filed  with  the  city  clerk  ten  days  bef(jre  the  election. 

A  short  time  thereafter,  to  cure  another  defect, 
chapter  0  of  the  Session  Laws  of  191 1  was  enaried, 
granting  each  candidate  the  privilege  of  appointing 
challengers  at  each  polling  place,  one  of  whom  is  en- 
titled to  be  within  the  polling  place  during  the  whole 
time  the  polls  are  open. 

In  practice  the  recall  has  been  operated  as  fol- 
lows :  Those  favoring  a  recall  of  an  officer  have  or- 
ganized an  association,  collected  funds,  formulated  cer- 
tain very  general  charges  of  inefficiency,  and  malad- 
ministration, printed  many  hundreds  of  petitions,  and 
placed  them  in  the  hands  of  anyone  willing  to  take 
them. 

At  the  top  of  each  petition  is  the  general  statement 
of  the  charges,  which  may  or  may  not  have  any  foun- 
dation in  fact.  In  the  attempted  recall  of  Mayor  Dill- 
ing,  precisely  the  same  set  of  charges  was  used  as  in 
the  recall  of  Mayor  Gill,  though  some  of  them  seemed 
inapplicable.  Below  the  charges  is  the  statement  that 
the  signer  is  a  voter  entitled  to  vote  for  a  successor 
to  the  incumbent,  and  space  for  from  ten  to  fifty 
names.  At  the  bottom  is  the  oath  required  by  the  law 
of  the  person  taking  the  signatures.  It  is  an  "  im- 
possible "  oath,  for  it  requires  the  passer  of  the  peti- 
tion to  swear  that  the  statements  therein  made,  1.  e., 
that  the  signer  is  a  voter,  qualified  to  vote  for  a  suc- 

328 


THE  RECALL   IN   SEATTLE 


cesser  to  the  incumlK-nt,  that  his  resi<lencc  is  such 
and  such  a  street  and  number,  are  true,  and  that  each 
signature  t<.  the  petition  is  the  "genuine  signature  of 
the  person  whose  name  purixirts  to  be  thereunto  sub- 
scribed." In  a  city  of  two  hundred  and  fifty  thousand 
|)eople,  as  a  practical  matter,  no  person  passing  a  i)eti- 
tion  can  honestly  take  such  an  oath  to  one  name  in 
ten.  As  it  is  actually  worked,  petitions  are  placed  in 
the  hands  of  many  irresponsible  people  who  indiscrim- 
inately solicit  signatures  on  the  streets  and  in  the  office 
buildings,  ignorant  in  the  great  majority  of  cases  not 
only  of  the  voting  qualifications  of  the  signer,  but  also 
of  the  genuineness  of  the  name  and  signature. 

Some  of  this  passing  of  petitions  is  done  gratui- 
tously, but  much  of  it  is  als(j  undertaken  by  paid  solici- 
tors— though  sometimes  paid  by  the  day,  more  often  it 
is  at  so  much  per  name,  generally  ten  cents.  This  is 
a  great  incentive  to  careless  work  on  the  i)art  of  the 
solicitor  and  a  cause  of  some  irresponsible  and  thought- 
less signing  by  voters.  Any  name  which  soimded  like 
the  name  of  a  real  person  counted  for  the  ten  cents, 
and  payment  was  necessarily  made  before  the  check- 
ing by  the  city  clerk.  Solicitors,  when  asked  why  the 
voter  should  sign,  often  replied,  "Oh,  I  don't  know; 
all  I  know  is,  that  I  get  ten  cents  a  name."  If  the 
voter  had  no  settled  convictions,  he  signed  to  be  a 
"  good  fellow  and  help  along." 

As  soon  as  the  association  having  the  matter  in 
charge  thinks  it  has  a  safe  margin  of  signatures  above 
the  required  number,  it  calls  in  the  jietitions  and  car- 
22  329 


THE  INITIATIVE.   REFERENDUM   AND  RECALL 


l<  ; 


riii!i 


ries  them  to  the  clerk's  office,  where  they  are  counted, 
minilK'rcd  and  receipted  for.  The  names  on  each  iK'ti- 
tion  are  also  cot'  Ued  and  the  total  numlK-r  of  signa- 
tures determined.  If  the  total  number  is  less  than 
twenty-five  per  cent,  of  the  total  vdte  cast  f<tr  the  office 
at  the  "last  preceding  j^eneral  election,"  the  petition 
— fur  all  the  sei)arate  sheets  are  rcj^arded  as  one  jK'ti- 
tion — is  not  filed  hut  returned  to  the  association.  The 
presentation  of  a  jK'tition  priiiui  facie  sufficient  is  juris- 
dictional. 

But  if  it  is  f>rima  facie  sufficient,  the  checking  be- 
gins. In  practice  in  this  city  two  or  three  checks  are 
made.  On  the  first  check  all  questionable  signatures 
are  thrown  out.  On  the  second  and  third  check,  those 
thrown  out  are  reexamined  and  many  of  them  are 
restored.  The  cau.ses  for  the  rejection  of  names  are 
no  registration,  illegible  or  forged  signatures,  improper 
addresses,  and,  in  the  case  of  the  women,  signatures 
with  the  initials  of  the  husband.  The  parties  inter- 
ested always  keep  paid  or  voluntary  workers  to  guard 
the  checking.  Disputed  names  are  referred  to  the 
comptroller  or  his  deputy  for  decision.  If  the  dispute 
turns  on  a  question  of  law,  the  opinion  of  the  corpora- 
tion counsel  is  asked  and  followed.  If  the  number 
of  genuine  signatures  exceeds  the  required  twenty-five 
per  cent,  the  comptroller  certifies  it  to  the  city  council 
as  "  sufficient." 

If  the  number  is  found  insufficient,  the  persun  fil- 
ing the  petition  is  notified  and  has  ten  days  to  make 
up  the  deficiency.    As  only  two  filings  are  contemplated 

330 


THE  RECALL  IN  SEATTLE 


iinder  our  law,  he  and  his  association  make  haste  to 
collect  all  the  signatures  possible  and  file  them  Ik; lore 
the  expiration  of  the  time  limit.  This  supplementary 
petition  is  checked  in  the  same  manner  as  the  (original 
j)eiition.  If  it  contains  enough  gi  nuine  signatures  to 
make  up  the  deficiency,  the  comptroller  certifies  it  as 
"  sufficient  "  unless  l)efore  his  certificate  is  made  out 
enough  »)f  the  genuine  signatures  are  withdrawn  to 
render  it  insufficient. 

The  recall  law  is  silent  about  withdrawals,  but  a 
decision  of  our  state  supreme  court  had  affirmed  the 
right  to  withdraw  names  from  an  initiative  petition, 
and  the  corporation  counsel  advised  the  comptroller  to 
accept  them  in  the  case  of  the  recall.  Then  the  (|ues- 
tioii  arose  over  the  forin  of  the  withdrawal.  Must  the 
request  to  withdraw  a  name  be  verified  before  a  no- 
tary as  was  the  original  signature?  Where  the  with- 
drawal was  secured  by  personal  solicitation,  there  was 
no  difficulty,  but  where  the  withdrawals  came  in  by 
mail,  verification  was  a  practical  impossibility  in  many 
cases.  Our  city  comptroller  agreed  to  count  the  postal 
withdrawals  if  all  were  verified  by  the  oath  of  the 
person  in  charge  of  their  collection  that  each  card 
had  been  received  in  due  course  of  mail  through  the 
United  States  Post  Office,  and  that  he  believed  the 
signatures  to  be  genuine.  It  is  quite  appar<.Mit  that 
this  oath,  also,  furnishes  no  adequate  safeguard 
against  fraud. 

Seattle  has  given  the  recall  two  trials — very  differ- 
ent in  charailer  and   result,   thus  serving  to  test   the 

3JI 


THE  INITIATIVE.   REFERENDUM   AND  RECALL 


i      : 


law  in  many  different  respects.  For  the  sake  of  clear- 
ness, we  m.iy  call  the  two  trials,  the  (iill  recall,  and  the 
Ditlin^  recall.  The  former  was  successful ;  the  latter 
unsuccessful. 

The  Gill  petitions  contained  1 1,418  names,  of  which 
9,626  were  termed  genuine  by  the  comptroller,  a 
shrinkage  of  si.xteen  i)er  cent.  Most  of  these  iietitions 
were  passed  by  resptnisible  i)erM>ns.  and  all  were  care- 
fully checked  by  the  I'ublic  Welfare  League  before 
filing.  As  8.671  names  were  enough,  the  i)ctition  was 
certified  "  sufficient." 

Just  before  the  filing  of  the  Gill  i>etitions,  the 
women  of  Washington  were  enfranchised.  Neither 
this  occurrence  nor  a  secontl  recall  within  the  one  term 
of  two  years  had  been  contemplated  by  the  framers 
of  the  recall  law.  The  basis  for  determining  the  num- 
ber of  names  necessary  to  institute  it  was  "  the  total 
number  of  votes  cast  for  the  incumbent  at  the  last 
general  municipal  election."  A  recall  election  is  in 
its  very  nature  special;  therefore,  in  the  Dilling  recall, 
the  vote  at  the  Gill  election  became  the  basis  for  ousting 
Hilling.  The  evident  intent  had  been  to  require 
twenty-five  per  cent,  of  the  number  cast  at  the  time 
the  i)erson  to  be  recalled  was  elected,  not  the  number 
cast  at  the  time  his  predecessor  was  chosen.  But  in 
Mr.  Dilling's  case  the  strict  letter  of  the  law  permitted 
the  institution  of  the  recall  with  8.671  votes  as  liefore. 
although  at  his  election  62.322  votes  were  cast,  of 
which  15,581  is  twenty-five  per  cent. 

In  the  Dilling  recall,  the  original  petition  contained 

332 


THE  RECALL  IN  SEATTLE 


10,254  names,  i)f  which  7,295  were  declared  genuine. 
As  this  was  insufficient,  a  supplementary  (Ktition  of 
2,617  names  was  filed,  checking  1.753  as  genuine. 
This  would  have  In-en  sufficient  by  ^yy,  had  not  931 
withdrawals  been  fded  before  the  certificate  was  pre- 
jiared.  Only  527  were  checked  because  it  was  then 
perfectly  apparent  that  the  petition  was  insufficient. 
Ha<l  15.5S1  names  been  necessary,  the  petition  would 
never  have  been  dangerous.  These  figures  show  the 
rejection  of  sixteen  per  cent,  of  the  names  on  the  Gill 
petition,  and  thirty  per  cent,  on  the  Dilling  petition — 
in  spite  of  the  stringent  oath  required  from  the  solici- 
tors of  names. 

The  increase  in  the  percentage  of  rejected  names 
in  the  Dilling  petitions  over  the  Gill  petitions  is  due 
largely  to  the  careful  checking  of  the  latter  by  the 
Public  Welfare  League  before  filing  them  with  the 
comptroller.  The  large  number  of  names  thrown  out 
has  led  some  people  to  contend  that  the  signing  of  the 
petitions  is  not  sufficiently  safeguarded.  The  causes 
for  the  rejection,  however,  hardly  sustain  this  position, 
for  although  a  few  fraudulent  and  forged  signatures 
were  found,  most  of  those  thrown  out  were  names  of 
women  who  had  signed  the  initials  of  their  husbands, 
thus  making  it  impossible  to  identify  them,  and  the 
names  of  men,  not  registered,  or  who  had  given  in- 
correct .iddresses  which  could  not  be  corrected  from 
the  records.  When  we  consider  how  very  careless 
the  majority  of  people  are,  even  in  the  most  serious 
business  afiairs  such  as  the  signing  of  deeds,  wc  need 

333 


THE  INITIATIVE.   KKIKREXDUM   AND  RECALL 


3'! 


'r 


ii 
|j 

ii 


'^:f 


^1; 


tiot  Ik-  surprised  at  the  larj;e  i)ercciUajjc  of  rejected 
signatttri's. 

ft  has  also  Ihimi  the  idea  of  souk-  jH-nple  that  there 
uas  t<M>  much  irres|Miiisil»!c  siguiiij;.  It  is  said  that 
"you  can  j,'ct  iK<>plc  tn  sijjn  any  sort  of  a  [K-tition, 
provided  you  don't  ask  them  for  money."  This  is 
sup|)orted  hy  the  fact  that  uixtn  soHcitation  i.ioo 
names  were  with<lra\vu  from  the  Dilhnj;  jietition  after 
it  was  filed.  To  my  own  mind  this  is  not  a  serious 
evil.  The  recall  is  a  new  |M)litical  contrivance.  Peti- 
tions hertofore  have  in  the  main  Ik-cu  harmless.  The 
people  have  to  learn  that  now.  in  the  case  of  the  initia- 
tive and  tlie  recall.  |)etitions  arc  serious.  They  mean  in- 
creased exiK-'use  and.  perhajjs.  all  the  discptiet  of  a 
municipal  cami>ai«:n.  For  myself.  I  helieve  that  this 
evil  will  he  less  and  less  apparent  as  our  voters  l)ecome 
more  accustomed  to  the  workings  of  these  democratic 
institutions. 

Mention  has  already  heen  made  of  the  fact  that 
petitions  were  frecpiently  passed  hy  paid  solicitors  with 
every  incentive  to  careless  work.  Rut  the  task  of  col- 
lecting the  signatures  of  twenty -five  per  cent,  of  the 
voters  is  .so  hig  that  it  could  seldom  he  accomplished 
without  paid  assistance.  Others  object  to  the  passing 
of  the  i^titions  on  the  streets  and  in  public  places  on 
the  ground  that  it  parades  our  civic  contention  before 
all  our  visitors.  But  where  one  person  observes  our 
discord  in  that  way.  a  thousand  may  read  of  it  in  our 
newspa})ers. 

So  far  wc  have  been  examining  the  various  parts 

334 


THE  RECAM.  IN   SEATTLE 


of  tlif  recall  inachitu'ry  .se|>aratcly.  l.tt  us  ik)\v  con- 
sider how  the  recall  law  as  a  whole  ha.s  worked  in 
Seattle. 

I*\>r  over  four  years  the  recall  remained  an  unused 
part  of  our  charter.  Then  ar«)se  just  such  a  situation 
as,  in  my  opinion,  the  recall  was  desij^ncd  to  nuf  t.  It 
is  not  my  pur|K)sc  to  portray  in  all  its  dis^ustini;  de- 
tails the  alliance  hctwcm  our  jK)lice  dciKirtmcnt  and 
the  "  vice  syndicate."  To  be  sure,  Mayor  (Jill  was 
elected  on  the  platform  of  a  restricted  district,  ami 
jjood  citizens  cantiot  escajw  all  blame  for  his  success. 
But  the  circumstances  surrounding  his  election  afford 
some  excuse.  I  lis  opponent  at  the  primary,  though 
an  able  and  worthy  man,  was  t)f  f<jrcign  extraction, 
a  iK)or  talker,  and  a  man  who  had  the  rc|)utation. 
whether  deserved  or  not,  of  being  unable  to  work  with 
other  :':en.  lie  ha<l  Ixien  dismissed  from  oflTicc  by 
Mayor  Killer  largely  for  that  cause.  For  these  reasons 
he  was  not  the  man  around  whom  all  the  opponents  of 
Gill  could  rally  with  enthusiasm.  .\t  the  election  Mr. 
Gill  was  opposed  by  ex-Mayor  William  Hickman 
Moore,  a  Democrat,  and  although  Jndge  Moore  ran 
way  ahead  of  his  ticket,  partisan  politics  carried  Mr. 
Gill  into  office.  In  accordance  with  his  ante-election 
promises,  he  established  a  "  restricted  district,"  but  it 
proved  to  be  "  restricted  "  only  in  .le.  All  kinds  of 
vice  and  crime  flourished  there  under  the  protection 
of  the  police.  And  the  whole  institution  was  in  direct 
violation  of  the  criminal  lawi  of  the  state.  Gill  had 
also  promised  that  there  should  be  :  o  open  gamblitig. 

33S 


THE   IMTIATIVt.    kKJKKENlil'M    AND   RECALL 


It  w;iH  i»ut  long,  huwi'MT,  U'  III  ^,  ,]>h<\fr  joint-*  were 
iiirratinK  within  a  few  lil*>vk«i  of  tlitr  city  luiil — als«i 
uiuler  the  protection  of  the  [Hilice. 

Oiic  of  (iill's  a|)|N)iiitees  wan  Ri  har*!  M.  Anns,  a 
former  employee  t)f  the  Seattle  i.le*  u-  (  um|)aiiv.  th' 
cor|Kiratit>n   which  owns  ami   o|K'iii(i\-    ImohI   of    our 
street-car  lujo.  and  furnishes  a  In     t  prirt    i  mr  light 
In  the  latter  service  it  comi>etc8  d.  tcti>  with  on;  nin 
nicijal  liKhtinjr  [)lant.     It  was  ch:trrf*<i    !  ■•    inn    was 
(tjK'ratitif,'  the  municipal  plant   in  'he  iiitrreM  of  the 
Seattle  I'Uitric  fotnjiaiiy.     While  this  >    *-  or     oi  »he 
issues  in  the  recall  c.impiUfjji,  it  was  n(»t  tlie  m..iii  jsMie. 
The  recall  wouM  n<  ver  have  lx*cn  invoked  exc«  ut   for 
the  al!iat*cc  between  the  admutist ration  and  orj^inized 
vice. 

Our  charter  also  [irovides  a  method  of  imjK*ach- 
mtnt  of  the  mayor  hy  a  \ote  of  tu«>-thirds  of  the  mem- 
bers of  the  city  council,  hut  the  council,  as  is  likei>  to 
\k  the  case,  woidd  not  act.  It  never  has  impeach-  I 
an  (ifirtcer  in  the  history  of  the  city.  Imf)eachmern  be- 
in^;  ini|K)s>il)le,  resort  wa>  made,  therefore,  to  the  re- 
call for  the  fli^t  time 

The  m<i\emenl  ,vas  started  by  an  orj^ranizati  >n 
known  as  the  Public  Welfare  League.  With  j^reat 
energy  the  w  ^rk  of  collectiu}^  the  signatures  was 
pushed.  Many  thought  the  recall  unfair  uid  un- 
.\merican:  that  the  voters  had  put  C.ill  in  and  that 
he  was  entitled  to  stay;  that  those  wis  hafi  n- l  voted 
for  him.  and  those  who  did  n<.t  vote  at  all  should 
'*  take  their  medicine."     A  great  flea!  of  excitement 


THI     HKlAU.    'N'   SEVTTLl 


ami  argiuiK'irt  vva%      ^v%y^r\  l^inn  i\w  \KtMi*ym  were 
fttlii'H    tilctj.    ?  Ut    h      I   tluy  w    re. 

A  very  Itiiicr  catn|»aigtt  uihm'  !  ikluirtl  Mr.  (t\\\ 
tmnl  uf)  all  the  iM  jioli  i» ians.  ;»il  fhe  siUm  ;  iid 
famljJtng  rlemeni,  fh*  bre\  erirs,  ti  ^  p'rf>l-r?K>tti"«.  ''e 
cig  -   -'titmls,  thf  ltaJ>iiucs  v,t  Um  re!*  ricifl  distru',  the 


!»l>"^ 


■-!>  ti  ie 


ie 

VI 

lit 

-iiv 

-' 

'»r 

•  • 

jiis»neM 

- 

)l< 

'    -Ifare 

1 

f-^tant 

pi. 

men 

lin 

I 

tectton  that 

lilh'        lenient.    Ih;  nici 
ciplf   "   an  i   a  n*.'    i  'V  I      .    .'  SI, 

tneii."     i)v    he  ( tb  i       ic  wrr.    thr 
Lc;.jjue,    thf    Mini     |»al    Lcagiu     a 
churches,  the  wiriou,^  w     >ei  "»»  club 
jiart  of  the  ini'Mci;    ..    '  i      less        1 
S«i  fjftat  was  V  V  mtc  re«t    n  tin 
with  the  aid  of        wc  h*^-  r 

47,tHj<)  to    /ver  ,  _  ool- 

Oiiflrv,     nday»'-\32J    m 
third  being  liie  v**-^    if  womt- 
cei\t'«l  31.919,  Gv     -'5,705 
4,698, 

'I  hf  nevv   mayor  ad.  the        icy  of  strict  law 

enf<      emeiif      The  rest  <lfstri  t  had  heen  ilosed 

!  tioii     irKJ  i <.-n   lined  il<  scd.     0\H?n  jjam- 
■Pl>ed       A'api     istein.  chief  of  iH^lice.  and 
jjes     !  Miti     t  of  lighting,  rcsigne*!.     A  ttionth 
r\  oiu   nf  the  Gill  «demcnt  in  the  counri!    vas 
■u    .ijlian      between  the  city  governmt'iit 
\        lis  eieijjr!  ■  hi-'  been  most  rudely  shat- 


.raij.   i  lear»cd  from 

\     IV  <ast  (  alntnt  tnie- 
I.  of  which  Pilling  re- 
Brown,  the  Socialist, 


i>y  a      • 

oluiL- 

Arr.i 

later 

defeatt 

and  tht 

*ered. 

Aniit'ier  imjxirtant  result  of  the  election  of  Mr. 
.  )unng^     ,is  thai  the  rctali  was  sliuwii  to  Ije  "wurk- 

i37 


THE  INITIATIVE,    RKFERENDUM    AND   RECALL 


§1 
t 


able."  Ill  the  future  its  very  existence  should  be  a 
deterrent  to  the  (hshnnest  elective  f>tificial.  But  to  make 
it  an  etifective  deterrent,  it  had  to  l)e  worked  once. 
Gill  and  his  friends  at  first  scouted  the  idea  of  a  suc- 
cessful recall ;  now  the  most  hardened  politician  will 
feel  unsafe. 

Some  of  the  people  of  Seattle  failed  to  realize  that 
the  recall  was  an  emerjjency  measure,  and  another  les- 
son in  its  use  was  necessary  to  teach  them  that  fact. 

The  direct  cause  of  the  attempt  to  recall  Mayor 
Dilling  was  his  refusal  to  accede  to  the  written  demand 
of  a  *'  Citizens'  Recall  Association  "  to  remove  from 
oflfice  the  head  jailer,  John  Corbett.  Charges  of  cruel 
and  inhuman  conduct  were  made  against  him,  practi- 
cally all  of  them  antedating  the  administration  of 
Mayor  Dilling.  The  chief  of  police  sustained  Cor- 
bett, and  the  mayor  declared  that  no  credible  evidence 
had  been  produced  sufficient  to  justify  him  in  requir- 
ing the  chief  of  ix)lice  to  dismiss  him.  If  dismissed, 
Corbett,  as  a  civil-service  employee,  could  have  ap- 
pealed to  the  civil-service  commission  and  would  have 
been  entitled  to  a  trial  by  that  body. 

Certain  reformers  were  also  displeased  by  the 
mayor's  veto  of  the  anti-smoking  bill,  prohibiting 
snn/King  on  the  street  cars,  and  the  anti-strap-hanging 
bill,  limiting  the  number  of  standing  passengers  in  a 
street  car  to  fifty  or  sixty  per  cent,  of  the  seating  ca- 
pacity and  placing  a  penalty  upon  the  company  if  it 
failed  to  furnish  an  intending  passenger  with  trans- 
|K)rtation  within  the  regular  "  headway  "  time. 

338 


THE  RECALL   L\   SEATTLE 


In  these  circumstances,  the  oM  (iill  crowd  saw  its 
chance,  and  proceeded  to  lend  its  strength  to  the  recall 
inovement.  The  whole  vicious  element,  together  with 
a  numher  of  well  intentionecl  niei  and  women,  signed 
the  petitions,  which  were  duly  fikvl  some  six  or  seven 
weeks  after  the  fight  began. 

Before  going  further,  I  should  uiy  that  the  Asso- 
ciation had  also  attempted  the  recall  of  four  of  the  city 
councilmen — Blaine,  Wardall,  Kellogg  and  Steiner. 
The  Steiner  jietition  was  never  filed.  The  other  peti- 
tions were  filed,  but  not  having  the  required  twenty- 
five  per  cent.,  even  if  all  the  signatures  were  genuine, 
the  filing  marks  were  cancel!  'c',  and  the  petitions  re- 
turned to  the  Association. 

The  petition  directed  at  Mayor  Dilling  contained 
10,254  names.  This  total  shrank  to  7.-J95  on  the  thinl 
check.  The  .Association  tried  to  make  good  the  de- 
ficiency within  the  ten  days  allowed  by  the  charter. 
Owing  to  peculiar  circumstances  this  time  was 
stretched  to  twelve  days  including  Lalxjr  Day  and 
election  day,  but  with  the  advantage  of  these  e.xtra  and 
extraordinary  days,  the  supplement  y  petition  con- 
tained but  2,617  names,  reduced  to  1,753  ^y  ^^^  check. 
As  stated  before,  this  was  ^yy  more  than  enough.  The 
corporation  counsel  had  ruled,  however,  that  names 
could  be  withdrawn,  and  on  the  faith  of  this.  Mayor 
Dilling's  friends  had  organized  and  secured  about 
1,100  withdrawals.  Of  these  931  were  filed.  As  the 
check  of  527  showed  clearly  that  the  recall  had  failed, 
the  comptroller  went  no  further  with  the  count. 

339 


THE  INITIATIVE,   REFERENDUM   AND   RECALL 


Si  I- 


I  li 


'Ihis  second  exi)erieiice  with  the  rcc.nll  demonstrated 
that  although  the  recall  is  *'  workable,"  it  cannot  be 
workcil  successfully  except  when  there  is  serious  cause 
for  it.  Save  for  the  j)cculiar  wording  of  the  charter 
and  the  enfranchisement  of  the  women  after  Gill's 
election,  the  Association  would  never  have  succeed-  d 
in  collecting  anything  like  enough  names.  The  fail- 
ure of  the  second  attempt  put  the  necessary  damper 
ui)on  those  persons  who  thought  they  had  only  to  start 
a  recall  to  make  it  a  success. 

Naturally  public  opinion  in  Seattle  is  divided  over 
both  the  principle  of  the  recall  and  our  own  particular 
recall  law.  I  believe  the  majority  favor  the  nrall 
principle  and  think  it  has  fully  justified  its  existence 
in  our  city  charter.  Many  friena.-,  of  the  recall  prin- 
ciple desire  to  see  our  law  amended  in  various  ways. 
The  daily  press  has  informed  us  that  the  charter  revi- 
sion commission  has  approved  the  proixjsal  of  the 
former  corporation  counsel  by  which  the  signatures 
on  the  |)etition  must  equal  five  per  cent,  of  the  total 
'.ote  cast  at  the  election  at  which  the  incumbent  was 
chosen  before  it  is  presented  to  the  city  comptroller. 
The  petition  is  then  left  in  his  office  until  ten  per  cer-i. 
more  have  come  in  and  signed.  This  plan  reduces  the 
percentage  required  but  makes  it  much  more  difficult 
to  sign.  It  throws  much  more  security  about  the  sign- 
ing and  does  away  with  a  great  deal  of  the  solicitation 
of  signatures.  To  make  it  more  difficult  will  destroy 
its  value  and  relegate  it  along  with  the  impeachment  to 
a  shelf  in  the  political  garret.    Without  the  recall,  the 

340 


I 


THE  RECALL  IN  SEATTLE 

people  are  helpless  between  elections;  with  it,  and  its 
efficiency  unimpaired,  they  always  have  in  their  hands 
a  i)ower  which  can  be  exerted  to  bring  to  time  an  un- 
faithful or  incompetent  public  official.  Seattle's  ex- 
perience has  ani[)ly  demonstrated  the  utility  of  the 
recall. 


'6 

'I 


CHAPTF.R  XVI 


SOURCES    AND    LITERATURE 


The  appended  list  includes  references  to  only  a 
small  part  <>i  the  literature  relatijij^  tt»  direct  Itgi  da- 
tion  and  the  recall.  An  endeavor  ha.  ?)een  made  to 
list  only  such  discussions  as  have  contributed  sub- 
stantial arguments  or  trustworthy  information  liear- 
in^-^  upon  either  side  of  the  question.  Those  which 
the  general  reader  v.ould  probably  find  most  useful 
have  been  indicated  by  an  asterisk. 


Bibliographies 

Library  of  Congress.  Select  List  of  References  on 
Initiative,  Referendum  and  Recall.  Compiled  by 
II.  H.  IJ.  .Meyer.  Washington.  191 1.  The  best 
arranged  and  most  complete  li.st  yet  issued.  It 
includes  historical  materials,  books,  pamphlets 
and  review  articles. 

Ohio  State  Library.  Legislative  Reference  Depart- 
ment. Initiative  and  Referendum.  Compiled  by 
C,  R.  Calbreath.  Columbus,  191 1.  A  pamphlet 
contaimng  texts  of  constitutional  provisions  relat- 

34a 


SOUHCIiS  AND  LITERATURE 

ing  to  direct  legislation  in  vrtrious  states;  also  a 
useful  list  of  iMMiks  and  articles. 

Wisconsin  Library  Commission.  Coinpaiative  Legis- 
lation Hulletin,  No.  21.  The  Initiative  and  Ref- 
erendum. Compiled  by  C.  II.  Talbot.  Madison, 
1910. 

Wisconsin  Library  Commission.  Comparative  Legis- 
lation Bulletin,  No.  12.  The  Recall.  Compiled 
by  Margaret  A.  SchafTner,    Madison,  1907. 

These  Bulletins  contain  accurate  digests  of  the 
laws  and  ju<licial  decisions,  with  well-selected  lists  of 
books  and  articles. 


Books  and  Pamphlets 

Barnet,  James  D.    The  0[)erati()n  of  the  Recall  in  Ore- 
gon.    American  Political   Science   Review,   Vol. 

vi.  pp.  4 1-53- 
♦Beard,  C.  .\.,  &  Shultz.  B.  E.     Documents  on  the 

State-Wide  Initiative,  Referendum  and  Recall. 
New  York,  19 12.  Contains  all  constitutional 
amendments  providing  for  a  state-wide  system 
of  direct  legislation,  several  t)f  the  most  important 
statutes  elaborating  these  constitutional  provi- 
sions, together  with  various  constitutional  amend- 
ments now  being  submitted  for  adoption.  Some 
significant    judicial   decisions   are  also    included 

343 


i 


THE   INITIATIVE.    REFERENDUM    AM)   RECALL 


and  some  data  regarding  the  recall  as  applied  to 
state  ofticers. 

♦Heard,  f.  A.  Digest  of  Short  Hallot  Charters.  New 
\iirU,  KM  I.  A  collection  of  city  charters,  chietly 
of  municipalities  which  have  adopted  the  com- 
mission type  of  go\ernment.  It  is  an  extremely 
useful  compilation. 

♦Bourne.  Jonathan,  Jr.  I\)pular  vs.  Delegated  (lov- 
ernment.  .\  speech  delivered  in  the  I'nited  States 
Senate,  May  5.  1910.  It  is  a  summary  of  the 
results  of  direct  legislatit)n  in  Oregon  and  a  spir- 
ited defence  of  the  sy.stem. 

Bradford,  (lamaliel.  The  Lesson  of  Popular  fiovern- 
meut.  _•  vols.  New  ^■ork.  r.V«;<)  l'"s|)ecially  \'ol. 
ii,  pp.  i8(>-20!.  An  argument  that  direct  legisla- 
tion would  prove  an  inadecpiate  remedy  for  the 
shortcomings  of  representative  government. 

Cleveland.  !•".  .\.  The  Cn.wtli  of  Democracy  in  the 
United  States.  \ew  York,  i8()8.  pp.  177-241. 
Some  good  historical  data. 

♦Civic  l-'ederation  of  Chicago.  Bulletin  Xo.  3  (loii). 
The  Dangers  of  the  Initiative  anil  Referendum. 
A  pamphlet  containing  several  addresses  in  oppo- 
sition to  the  extension  of  direct  legislation. 

Dodd.  W.  !•".  The  Revision  and  .Xmendment  of  State 
Constitutions.  Baltimore.  1910.  An  excellent 
account,  historical  and  critical,  of  the  referendum 
as  applied  to  state  constitutions. 

Fabian  Society.  Tract  No.  155.  The  Case  Against 
the  Referendum      By  Clifford  D.  Sharp.     Lon- 

344 


Scn'KCF.S  AND  I.H  r-.KATrRE 


rion.  ion.  A  trcncliaut  Socialist  arfjument 
ajjaiiist  tlic  reference  of  |nil)lic  <|iKstioiis  to  the 
voters. 

I'rankenthal.  I..  J  Tlu-  Initiative  in  S\\  itzerlatid. 
6ist  Congress,  ist  Session  (  !«)<>>)  Senate  Doc- 
ument. .\o.  ij(i.  .\  report  on  the  initiative  in 
the  Swiss  kepnhhc  hy  the  rnitetl  States  Vice 
Consul  at   Heme  (May,   1908). 

Cjilhertson.  II.  S.  Conservative  .\spects  of  the  Recall. 
National  Municipal  Review,  \'ol.  i.  pp.  J04-JII. 

Godkin,  K.  L.  I 'n foreseen  Tendencies  of  Democracy. 
Boston.  iH()H.  I-'spfcially  pp.  of>-i44.  A  sug- 
gestive discussion  hy  a  far-sighted  journalist. 

Hardy.  .Arthur  S.  The  Initiative  and  Referendum. 
57th  Congress,  snd  Session  (  km)-')  House  D(K- 
ument  \o.  i.  pp.  482-494  (in  Serial  Xo.  4440). 
A  careful  report  on  the  workings  of  the  initiative 
and  referendum  in  the  Swiss  Repuhlic  transmitted 
by  the  American  Minister  to  Switzerland  (June, 
1902). 

Ilartwell.  F,.  M.  Referenda  in  Massachusetts.  Pro- 
ceedings of  the  Xational  Municipal  League,  1909. 
pp.  .^^4-353.  Deals  chiefly  with  the  amount  of 
public  interest  shown  at  referenda  elections. 

Kinkead,  F..  B.  The  Initiative  an<l  Referendum.  Pro- 
ceedings of  the  (^lu'o  State  Bar  .Association,  1907. 
Vol.  xxviii.  pp.  145-185.  .An  extenderl  argument 
against  direct  legislation. 

Lecky.  \V.  E.  H.  Democracy  and  Liberty.  2  vols. 
London.  1896.  Especially  \'ui.  i.  pp.  277  flf. 
23  .u.S 


»? 


^ 


THE  INITIATIVE.   REFEREXPUM   AN'D   RECALL' 

Legislation  hy  tlie  people  in  its  historical  relation 
to  democracy  and  popular  freedom. 

♦Lobingier,  C.  S.  The  People's  Law.  New  York, 
i<)0().  An  dalxjrate  study  of  |xipular  law-tnaking 
mainly  historical.  Chapter  .xxvi  gives  a  useful 
summary  of  the  results  of  direct  legislation  in 
America. 

Lowell,  A.  Lawrence.     Governments  and  Parties  in 

Continental     Europe.      2    vols.      Boston,     1896. 

Especially  Vol.  ii.  pp.  238-300.     A  study  of  the 

practical  working  of  the  initiative  and  referendum 

n  the  Swiss  Republic. 

MacDonald.  J.  Ramsay.  Socialism  and  Government. 
->  vols.  Lond.m,  1909.  Vol.  i.  pp.  127-166.  Dis- 
cusses the  problem  of  accurately  representing  pub- 
lic opinion  from  the  socialist  point  of  view. 

Mill.  J.  S.  On  Representative  Government.  New 
York,  1905.     Especially  ch.  iii-vii. 

*Oberholzer.  E.  P.  The  Referendum.  Initiative  and 
Recall  in  .America.  New  edition.  New  York, 
191 1.  A  standard  work,  comprehensive  in  scope 
and  conservative  in  tone.  Contains  historical  and 
critical  discussions  of  both  the  initiative  and  ref- 
erendum. 

*Owen,  R.  L.  The  Code  of  the  People's  Rule.  6ist 
Congress,  2d  Session  (1910).  F-.-nate  Document 
No.  603.  Especially  pp.  1 01 -129.  A  collection 
of  constitutional   provisions,    statutes   and   ordi- 

346 


SOURCES  AND  LITERATURE 

nances  which  have  been  adopted  as  a  means  of 
furthering  the  cause  of  impular  government. 
Parsuns.  I-rank.     The  City  for  the  People.     Iloston, 
1900.     Especially  pp.  255-386;  505-527:  O05- 
629. 

Phelps.  E.  M.  Selected  Articles  on  the  Initiative  and 
Reftkendum.  Wilson's  Debaters'  Handbook 
Series.  Minneaixilis,  1909.  A  number  of  short 
articles  (.11  both  sides  of  the  question.  Bibliogra- 
phy appended. 

Pomeroy.  Eltweed.  Papers  on  Direct  Legislation. 
55th  Congress,  2d  Session  (1898).  Senate  Doc- 
ument No.  340  (in  Serial  No.  3615).  A  digest 
of  the  principal  arguments  in  favor  of  direct  leg- 
islation. 

Post,  Louis  F.  Tb«;  Initiative  and  Referendum.  Pro- 
ceedings of  the  National  Municipal  League,  1906, 
PP-  363-381.  An  outline  of  the  development  of 
direct  legislation  in  America. 

Ringwalt.  R.  C.  Briefs  on  Public  Questions.  New 
York  and  London,  1905,  pp.  50-52,  55.  Con- 
tains a  summary  of  the  chief  popular  arguments 
for  and  against  direct  legislation.  Of  particular 
value  to  debatitig  teams. 
Smith,  J.  A.  The  Spirit  of  American  Government. 
New  York.  1907.  A  brief  general  survey  of  the 
initiative,  referendum  and  recall  is  contained  in 
chapter  xiii. 
♦Stimson.  Frederick  J.  Popular  Law-making.  New 
York,  1 9 10. 

.U7 


ir^fSr'S^E- 


.4r,M'^>9m 


TiiK  inmtiativp:.  rf.ff.rf.n-dum  an'd  recall 

Sullivan.  J.  \V.  Dlrwt  Lf>;islation  thmiiKh  the  Ini- 
tiative and  Ueferenduin.  New  York.  1893  A 
forceful  presentation  of  the  rase  for  direct  legis- 
lation, now  somewhat  old.  but  still  useful. 

♦U'Kcn.  \V.  S.  The  Results  of  the  Initiative  and  Ref- 
erenduJM  in  Oie^jun  I'nin'iuiinj's  ..f  the  Ameri- 
can FV.litiial  Science  AssiKiation.  1907.  Vol.  iv, 
Pl>    «93-»97 


.bfti. 


APPKNDIX 


A  LIST  or  THP.  MRASURK8  HL'BMITTRD  TO  THf5  PBOPLK  Of 
ORKfiON   IN   rm   LAST  fOUU   KLKfTIONS. 


IWM. 
n«f^t  nrimary  law  wUh  dlffri  wlfrtKin  erf  UMIm] 

lytcaloptkm  liquor  law"  .....    


Stalo 


Ym 


IflM 

Omnifiu*  Appropriation  hill,  atair  nniitii»i<in»>. 
Kqual  •uffraiir  <  nnttitatKiniil  •m<>n>lmcnti 
L<««l  opllnn  MM  nrrn^HW't  by  Ii.ju-ir  |)r<>|itr< 

Hill  fof  purchww  by  ilair  11/  B^iiow  loll  r'xfli 

An'riKlmt-nt  rn]utrip^  refrrendum  on  any  a>  t  tallinK  o><i. 

Mitutional  ronvrntlon' 
Amenrfmrnl|ivinM>itiniii>4r  p>'wrr  toi«m<>tir|  ihrir  t:hm.rT-. 
Lrgistaturr  auth'triinl  to  (i«  pay  ,,<  ,(„(,,  |,ri„i,.ri 
Initiali-'  «n<l  rrfrrrndum  l-  apply  to  all  loial.  upmiai  an. 

muni'  ipal  laws' 
Bill  prrihibitmR  ttrr  paawn  on  radroadi' 
(IroM  rartiinRii   ta»    on    nlw-ptriK.    rrfriurratiir   an<l    ri4i.,„ 

'omiwiiirV  

V.r'-u  rafningii   tai   on   eiprrta.    trlcph"n»   and   telcaraph 

conipanlea* * 

Amendment  Intfraalns  pay  "f  lr»p«iaif>rt  from  1120  to  t4(K 

prr  sTMi.n* 
Amendmcii!    prrmittirtK   jnralion    of  itatc    ln«tituti'  nil    .\l 

plarcK  othrr  than  Ihr  caintal* 

Amrmlmrnt  reoricanizinii  «viilrm  <if  cfmrU  ai; )  imrtawni 

(Uprrmr  judgea  from  thrrc  t>i  hv«» 
Amftidmrnt  chansina  Rrniral  rlrrtion  frum  June  t»>  Novmi 

nrr*.  ...  .... 

Hill  KtV!  u  ihenfTs  rontrol  i,f  Knintv  prison>T«> 
Railroa<ls  rr<]uirrd  to  irive  piiblii   offitiaU  free  panel' 
Bill  a|>propnalinK  tlOO.WMI  (  ,r  nrnioririi< 

®'L'.'?'.!;t?*''"l.'''"''lj!P'^P"'*"""  '"'  State  Univeriiitir  fron 

$47  M)0  to  $1,M ,000  annually* 

Etual'^uffr^Mie  amendment' 

Pinhcry  YM]  propownl  by  fish-wheel  operalom" 


Fishery  bill  propoiicd  by  kill-net  oneralom' . 
Amemlment   giving   cities   rontrol   tif  liquor   irlling, 


poor 


""~ '■■•~    •■"••••    vin«-r»    «i>iiir*fi    in     ii^iuor    Irllll 

..T.?'*;  '"*•*•"•  ««f-.  itibject  to  local-option  law> . 

Mo>lified  form  of  sinKlr-lax  amendment' 

Recall  power  on  public  officialt'     .  

Bill  inslru.  ting  Icgislatori  to  vote  for  people'i  choice  for  i 

Unite»l  States  lenaton' 

Amendment  authoriiing  proportional-rcprcaentation  law' 
(  orrupt-practi.rs  art  KovrrninK  elections'. 
Amendment  re<|uirine  indiitmcnl  to  be  by  grand  iurv' 
Bill  creating  H00.I  River  Cfninly' /        /  , 

.  ^  I9I0. 

Amendment  permitting  female  taxpayer*  to  vote". 
Act  establishing  hrancti  insane  asylum  in  caatem  Oregon'. 

'  Submitted  under  the  initiative. 
•  Submitted  to  the  people  by  the  legislature. 

349 


No. 


41,(16 


4I.9I« 
WV.Wi 
.M.W7 
.«l.«i$ 

47.MI 

At.74<) 

47.a;ii 

.^7.ill| 


4l.'»7t 

M\l4.l 

ft.S,7»« 
M),44.« 

.».»,W7 

44.1  IS 

.M.II.MI 
46.SS2 
56. 1 W 

t9.44  ' 
M.Ota, 

Ut.int 

M.ttltH 
41I.IIM 
M.042 
S2.2I4 
4J.94S 


.1.^.270 
$0,134 


16. 1.M 
40,t«ll 


2A,7M 
47,07.'> 
4VI44 
44.S27 

U.7.11 
I^.Ml 
■>.WI 

l«.7H 
lft.779 

r>44l 

h.Mt 


M.m2 

40,UII 

SO..WI 

ll«.5'»0 
.Ml.O.Jt 
.W.406 

54.M« 

40..VW 

40  ifn 
to   no 

S2,.M« 
A0.R7I 

n.on2 

21,162 
.M.I28 
n.MI 

2II.4R7 
26.7 /« 


50.06,^ 
41,504 


TJI 


AIM'LMHX 


V 


Ar«  t  «nifNl  rrmvfn<i.m  i.i  rfviw  ,i«ir  ■ 'in*MliitKinl 
ArtH'^lrewnt  pf.fvl.tiim  ariiofu!.  <li*l>l>  »  f.      .|«I|.hi  <A  <  m  h 

Am't-lmrnt  rr|v  >Iii-m  f**!"      nn-nl  thai  all  Uxrs  thai!  I™ 

r.|ii  .1  s»»Kf  untf'iriii' 
Am.  1.  Iiiirni  |«rmti>inM  "f»|^iii2«|  <li»lrKi»  |>i  v..(c  biHHU  f'H 

X  111*1  ru<  (I'll)     l  1  iilPNjtU  hv  mih  iU«tn«i«» 
Anwtwlmrtii    mi'     .!ii(|«nj   ><>II<N  titiii    <A    ^\*K»   moA   r'>unt^ 

la«i-«  ii«  w|i>ir«tr  I't^Mrn  o<  pr»|ivrtv* 
A<l  ii^|iiir>ii|f  (l«lirt  «  ,,„n«v  t.i  jwy  •<  nil  4  v»«f  tocirtuil 

tU'tiir  ill  i«i|'lit(  >n  tn  hi*  iiate  Mlarv* 
Bill    ifrallOh'    Nvxmith    <  "tinty    fmni    |Ntfl«   ii<    l^nr    rfn.l 

Hill  tM  i«i4hli«h  »  *ui»  nnrntal  v\vrA  .«t  M'min<iufh< 

Rill  .  rr^iliiiK  (Hi,  (  -.ttfity  rrom  |N«rti  '.(  lUrnr) ,  Ni  ilhrur 

an!  (iriiiiti 
Hill   •niKiiiiiii  f.«rt  '>r  (  |<«.  kiuniH  Cnuiitv  to  Mulln>ifii>«h>, 
Hill   s  rtittinu   Wiltum*   t  tiunty   Inmi    parta  erf   L«nr   aixt 

l>'niKl<u< 
AftM  mlniint  (irniilltinK  pr<itilr  trf  ra<  h  «.  untv  to  rritulalr 

taxation  fur  .'mntv  |Hir|Hiiir«  an-i  nlxltiihinM  %¥A\  t««r»' 
Aniin>'m«n»  Kivin^ntir"  ami  l.iwM«r«'  Itisivi'  fniwir  to  rrtfU 

'air  li'iuor  traflu-  within  thrir  limilii' 
Hill  for  protriti  m  of  lalxirrni  it:  hdMH"it«  rniplf>vni<-nl 

n»iii»:  rmi«l"Vi  rn'  Ijaliility.  rtr  ' 
Hill  <Tniin«  tirilmr'l  <  mintv  fr.iin  tiurt  i.(  I'matillu' 
Bill  irv,iim«  (lark  C'mntv  from  i>arl  of  I'.runt'. 
Bill  I'l  i-ntatilliili  »talr  "irmaj  *ilv>>l  at  W<tt>>n> 
BUI  It.  »nxwx  |Mir<  of  \N  iMhiiiKton  t'ounty  to  Multruimahi 
Hill  to  i-HtatilUb  i»,(lr  normal  whtifil  at  Athlamt' 
Amciitliiic  nl  |iriihilMtmK  li'juor  tralfiii 
Rill    |>rohit>itini(    iwlr   of   li.|uor.    iirovuliiiw    for    urari  h    foi 

lii|iirrt-«.  ami  ntctilaliiii;  nhtfmrnti  erf  umri 
Bill  .  r.aiin«  lioar<l  t.i  Iraft  rmiiloycni'  liaHlity  taw  for  «!»»- 

mifwion  to  Irtttalaturi  < 
Bill  |.rohil)iiiin(  takinic  "f  fi»h  in  Rogue  River  ewfpl  with  1 

h«»ik  aim  litiri.  .  ! 

Bill  rrtafiiiK  Dt-M'hutrn  f '.ninty  out  irf  part  frf  ('rrv>k>    . 
Hill  for  Rt  irral  law  undrr  »hi<  h  new  rountin  may  lif  <  realvH 

or  liouii'tarif!!  ( hanni-eli 
Am«n'lmrnt   prrtnittinu  ri«inti««  to   Vote  bond*   for   prr 

manrnt  roaif  imfwovrmrnt' 
Bill  tH-rmillinK  voter*  in  ilirc<  t  primarfpa  to  rxprnu  1  hoi<r 

for  iirmidcnt  and   vii<'-|irnii>lrnt.  to  wlprt  drlrKatr^  to 

national  <  onvrntiona,  and  nominate  randidatea  for  prcai- 

dmtial  rlM-lors' 

Hill  I  rratinu  »K>ard  of  p<^>plr'ii  tnoprrtors  of  Kovprnmrnt, 

liroyi.jinK  for  rrports  of  iKiard  in  omrial  utatr  Kazrtte  to  be 

maiU<l  to  nil  rrin-itf  rid  vntrm  lii-monthlyt 
Annt»lmrrit  cxtendintj  initiativr  and  rcfcn-ndum,  makin« 

t.rm«   erf   mFmhera   of   IrKislatitrr   nix    yram.    inrrraainR 

i<.»l:tri<«    rpfjuirinu  proprtrtinnal   rrpfcurntation    in    |pRi»- 

laliirr  rli^ti'.n  of  spcakpT  of  hnuw  and  prmidrnt  of  srnatr 

outsidr  of  mrmlirrs,  rtr  1  .       . 
Amfntlmt-nt  pprmittinR  thrrc-fourthi  venlut  in  civil  rases'. 


Yta. 

it.Ut 
.24. Win 

ii.M4 

ll.lfti 

ii.SM 
.M).l'»| 

17.4M 
Ift.iV) 

I4.MM 

44.171 

SJ,J]| 

ISMt 
H.AI.I 
40,.HVII 
I4,<H7 
«ll,47l 
i  <  S40 

4i,nst 

M.IH 

4'>.7W 
I/.W2 

17.120 

.M,i75 

4J,.IS3 
lO.O.S.S 


.17,0.»l 
44,5M 


No. 
V*.'  14 

4B.I7I 

4A.070 

4l.ft9i 

71. MM 

AU.«f| 
4H.044 

fti.OIA 
M.OOi 

A  I, two 

4i,W7 

S0.77» 

•  I. •Ml 
6i,7li 
At. 7m 
46.JOI 
<M.2]| 
4«.ftSS 
«l,2il 

M.5M 

M.7I9 

ll,.»7 
M),4M 

4i,M7 

.U,90« 

4I,A24 
52..5M 


44..(M 
M.399 


'  Sulimittpfl  unilrr  fhr  initiativr. 

»  Submittal  unilrr  thi-  n  frrrndum  up«in  Uirifilat 

•  Submitted  to  the  pcoiilc  by  the  lr"'i'ature. 


ive  act. 


350 


INDEX 


Advisory  initUlivc  and  refer- 
f  mitim.  Ill  Illiimi-t,  (jft,  <i7 ;  in 
iMma.tff;  in  (irand  Knpida, 
<jH;  III  HiifTiiln.  -/).  in  Chi- 
caK"i  W;  in  <  aiuda,  loo;  in 
AiiRu^ta.  Mainr,  foi ;  in  Ar- 
kanoa«,  loi ;  in  varinn,  ntUrr 
Mali «,  loi ;  in  WitminKton, 
Delaware,  ioi>l0J, 

Atamrda.      California,      direct 
IcRJ^Iaiion    in,    iroiu,    115 
116;  u*e  of  the  recill  in,  m6 

Alexander,  Mayor.  M4>or 
ILirptT  replaced  by  11  Los 
Anurlcs.  .ui.   US 

Arizona,  doctrine  of  referen- 
dum in,  IJ5;  proposed  .idop- 
tion  oi  the  recrJI  in,  ifU; 
pre<>idential  veto  f  state- 
lifH)d  hilt  in.  ill,  H2 

Arkinsas.  direct  legislation  in, 
154 

Augusta.  Ntaine,  prcivialon*  for 
special  direct  legislation  in, 
101. 

Berkeley,  California,  move- 
ment for  direct  Itgishtion  in, 
!<?;  initiative  and  referen- 
dum established  by,   154. 

Berne,  Canton  01,  in  Switzer- 
land, percentage  of  rcgss- 
tefrd  votes  polled  in,  32,  1  ^7. 

Bonds,  municipal,  use  ot  the 
referendum  for  the  approval 
of,  7. 


BorrowinK.  municipiil.  the  rrf- 
errndtiiii  a«  a  chrck  ii|Min.  .(«> 
BtMtnn.    proviiitm*    rrRarding 
nomination  prtitiono  in  char- 
ier (if   JO.  iilati!<tics  of  votrt 
on   rv'  /cnda   In.   4JI;   recall 
cledifHi  in,  45,  46;  provinion^ 
in  charter  of,  conc'-rning  re- 
call of  mayor,  49.  y\   so?, 
.»8 
Honiidarips,   municipal,   use   of 
referrnilum     in    determining 
fhatigr*  of,  7, 
Boi«.,E,    Jonathan.    Jh  :     A 
I>r.rEN<|{   or    DiSKT    Lfr.is- 
LATioN,    194.3:0:    the    ' -sen- 
till  i  of  popular  Koverniuriit, 
"M.  lyj  .  diflfercnc      t.etW(  vn 
individual     ^n'        xnnumity 
action,     105,    .    ■         if    ;i 
of  ccmn.unity     .i-c.t        f/i.; 
the  utilitarian  t  •♦Mii',-..       of 
direit     legi^latt'  •       117-     ex- 
ipiples.  loR.  U)ij,  ih.  '  ..lum- 
bia    Rivir    lisherics    m,ittcr, 
,*»,  ioi  ;  effect  of  direct  leg- 
islation upon  r'i'resentatives, 
Mj;  editcation»il  value  of  I'le 
mitiativc     and     referc ).- jm. 
203;   new   arrangem*  lUs   i,ot 
incompatible    with    a    sound 
representative     system,     J04, 
205;  the  experience  of  Ore- 
gon,  ao6-2ii;    the   presiden- 
tial   veto    of    the     Arizona 
rtatehc-od  bill  discussed,  ii2. 


351 


INDEX 


31 J ;  value  of  the  recall.  213, 
a  14;  cnncliision.s,  J15. 

Dradford,  E.  S..  on  .signatures 
required  for  initiative  peti- 
tions in  commission-gov- 
erned cities,    14. 

British  Columbia,  use  of  the 
advisory  referendum  in.   100. 

Urookline.  Massachusiits,  as  a 
type  of  New    Kugiand  town, 

Hryce.   James,   on   the    failures 
of  city  K'>vcriiment  in  Amcr 
i^a,    ').?;    on    the    sut\-e>s    of 
democracy     in     Switzerland, 
155;  «>"  the  American  consti 
tution,  J57. 

Buffalo,  use  of  the  advisory  in 
itiative  in,  <)0. 

Burke,  Kdmund.  on  the  func- 
tion of  a  representative,  jH; 
on  the  difference  between 
statesmen  and  politicians, 
l»J.   184. 

Cilifornia,  conditions  in,  prior 
to   igorx  jt ;  adoption  of  rc- 
i"'"*"     ill.    4^,    43;    home  rule 
charter  movement  in,  gs;  use 
of    advisory    referendum    in,    j 
101  ;      direct      le„islation      in    ' 
cities  of,   io7-it6;  use  of  re- 
call in,  rt6:  operatiem  of  in- 
itiative   an<l    referendum    in,    | 
154;     recall     of    officials     in    i 
cities  of,   .115-3^5.  I 

Canada,  use  of  advisory  refer-    ' 
endum  in,  100. 

Ca-lett,   I'rei)   W.:   The   Re- 


CALi-    IN    Seatti-e.    JJ6-J41  : 
adoptifm   of  recall   provision 
in    Seattle   charter,   jj6;    re- 
call petitions,  jj; ;  defects  of 
original  system.  .?j8;  method 
'•f  gathering  signatures,  3^9; 
veritlcation      of      signatures, 
.Mo;    withdrawals,    .yi ;    the 
(Jill   and   Dilling   recall   peti- 
tions compareil,  ,?.1J-.?.U;  tbe 
recall    of    Mayor    (iill,    x\5- 
.W;  the  attempted  recall   of 
Mayor  DiWrnu.  X^.  XV);  con- 
clusions. .V40.  .^41. 
Cedar   Rapids,    Iowa,  adoption 
of  initiative  and  referendum 
by.  tJO. 
Charters,  municipal,  use  of  ref- 
erendum   as    a       means    of 
adopting.  7. 
Chicago,    difficulty    of    getting 
proper     legislation     for,     ji  ; 
use  of  advisory  initiative  and 
referendum     in,     <>;;     Civic 
Federation  of,  attitude  of,  on 
direct  legislation,  J79. 
Citizens'  Recall  .Association,  in 

Seattle,  .?,?«. 
Cleveland,    use   of   referendum 
to  prevent  grant  of  franchise 
in,  104. 
Colorado,     home-rule     charter 
movement  in,  05;  adoption  of 
referendum    by,    135;    direct 
legislation  established  in,  154. 
Columbia    River,  questions   re- 
lating to  salmon  fisheries  in, 
17.?;    submitted     to    popular 
vote,  mo;  as  an  example  of 


352 


INDEX 


mattrr<«  passed  upon  at  direct 
elections,  Mi. 
Commission  govcrnrnt-nt,  rela- 
tion of,  to  direct  leKislntum, 
i.i;  use  of  initiative  petitions 
in  cities  under,  14;  adoption 
of  recall  in  cities  haviuK,  4,}; 
use  of  initiative  and  referen- 
dum facilitated  by,  iiH-i.'.». 

Connecticut,  adoption  of  amend- 
ments to  constitution  of,  by 
referendum,  i-j8. 

Constitutional  limitations,  rela- 
tion rf,  to  legislative  de- 
terioration,   18,  25 

Conventions,  results  of  nomi- 
nations in,  17. 

Corrupt  Practices  Acts,  as  p.irt 
of  a  proRressive  programme, 
54;  adopted  in  Oregon,  144, 
«45.  ^if^ 

Councils,  municipal,  reduction 
in  si/e  of.  as  an  importatit 
reform.  20. 

Croly,  Merl)crt,  on  the  new  na- 
tionalism, 52. 

Dallas,  Texas,  direct  legisla 
tion  in,  iirj;  recall  of  school 
directors   in,   30.?    304 

Daiiville,  Illinois,  election 
frauds  in.  207. 

Davis,  Thomas  A. :  The  Re- 
call AS  A  Measire  ok  Top-    j 
iLAR  Control.  .ti.v.?JO:  con-    j 
ditions    in     .American    cities    ' 
before  the  appearance  of  the 
recall,  313;  the  recall  in  Los 
Angeles,  314,  315;  is  the  re- 


call fair?  316,  317;  the  need 
of  the  recall  in  New  Jersey, 

Dcaley,  J.  Q,  on  general  ten- 
dencies in  state  constitutions, 
18. 
1)eken(e    ok    Direct    Le«;isla- 
TioN,  by  Jonathan  Bocrnk, 
Jr.,  iit4-2\o. 
Dimocratic   party,   the   present 
opportunity  of,  83,  84. 
I  Delegates,    election    of,    to    na- 
tional conventions,  by  popu- 
lar vote.  173.  174. 
Delegalion         of         legislative 
powers,  constitutional   objec- 
tions   to   the    referendum    as 
a.  8. 
Denison,     Texas,     referendum 

and  recall  in,  fig. 
Denver,    direct    legislation    in, 

118,    150,   151. 
Des  Moines,  adoption  of  com- 
mission   government    in.    13; 
direct    legislation   established 
by,  ix>,  154:  form  of  ballots 
in,  tJ5;  threatened  use  of  re- 
call in.  301,  30J. 
Detroit,  use  of  advisory  refer- 
endum in,  97. 
Development   ok   Direct   Le<;- 
islation     in     America,     by 
Robert  Treat  Paine.  93-1^4. 
Dilling,    Mayor,    attempted   re- 
call of,  in  Seattle,  338-.J40. 
Direct    legislation.    See  Initia- 
tive and  Referendum. 
Direct  primaries,  their  relation 
to  other  reforms,  54,  55. 


353 


m 


INDEX 


Kfhuation,  politii.,!.  value  of 
direct  IcKislatinn  as  a  iiieatiH 
of,  11,  J4,  20J.  jji,  jjj,  ,,|,. 
portunities    for,    in    Oregon, 

I'l  I'aso,  iisf  of  the  rfffreiuhim 

in,  iiQ. 
Kmcrgency       laws.       txcliidi.! 

from  scope  of  imtulixf,    1 1 
Hmployees.   niimicipal.  alliliide 

of,  to  the  referendum,  .i«. 
Employers'   liability,   action   of 

Oregon    voters   on  proposals 

conccrninR.  j6.^,  J64. 
Estacada,   Oregon,   use   of   the 

recall  in,  joj. 
Eureka,   California,  use  of  the 

initiative  and  referendum  in. 

Experts,  municipal,  relatiim  of 
recall  to  question  of,  48. 

Eawcett,  Mayor,  recall  of,  in 
I  acoma,  .vjq. 

Fisheries,  in  Columbia  River, 
questions  submitted  to  voters 
concerning.  Sec  Columbia 
River. 

Folk-Moot,  Anglo- Saxon,  meth- 
ods  of  direct    legislation    in, 

Ford,  Henry  J.,  on  powers  of 
party  bosses,  70, 

I'OTt  VVoitb  '^exas,  ise  of  the 
ref,  .cndun  in,  iiy;  .-mcnipt 
to  recall  a  c<tmin.  >ioner  in, 

.Vi2. 

Franchises,  the  grant  of.  by 
referendum,   7;    direct   legis- 


lation in  its  relation  to,  11; 
attitude  of  voters  at  refer- 
enda concerning.  .17;  use  of 
initiative  and  referendum  in 
making  grants  of,  104.  ^jj. 

Fresno,  California,  direct  leg- 
islation in,  108.  Ill;  use  of 
recall  in.  1 16. 

Fril)onrg,  t  aiiton  c-f.  in  Swit- 
zerland, absence  of  initiative 
and  referen<itun  in,  156,  157. 

Cialveston,    adoption    of    com- 
mission   government    in,    ij; 
use    of    the    referendum    in, 
118,  119. 
(jencva,    Illinois,    advisory    in- 
itiative in,  c/i,  (ff. 
(jcoi-gia,    recognition   of  initia- 
tive in  first  constitution  of,  5 
liill,    Mjyor,   recall   of,   in  Se- 
attle, .<-!H  JJ7. 
Gloucester.  Massachusetts,  rec- 
ognition of  direct  i»'gislati(m 
in  new  charter  of,   ijj,   154. 
Grand  Junction,  Colorado,  pro- 
visions  for  direct   legislation 
in  charter  of,  154. 
Grand    Rapids.    Michigan,    ad- 
visory initiative  and  referen- 
dum in,  08. 
Greenville.    Irxa.s    referendum 
and  recall  established  in,  rig 

Harper,  Mayor,  recall  of,  in 
Los  Angeles,  30J,  .UM-.?.!.s 

Martwell,  E.  M.,  on  referenda 
in  Massachusetts,  jj,  34. 

Haverhill,  Massachusetts,  pn  - 


354 


JE3^»«& 


INDEX 


vision*  for  <lircrt  IcRtslatinn 

in   new  chartrr  of,   tjj,   154. 

Havncs.  Geohi.e  11.:   A   Ykab 

OF     THK      PK>l't.KV      Rtl.r      IN 

Owu^iN.  .•.y-^7H  prrparn 
tions  for  the  general  clrctioii 
of  1910.  js.] :  iHil)iicit.,  ni- 
RinrcniiK,  jn;  tl"  IV.-pIt-'^ 
P«H»«rr  League.  j.}5;  ex- 
amples of  meaMirert  sub- 
nutted,  A)5-240;  aiial.V'^is  of 
chief  proposals,  ^41-^4^1;  th<* 
campaign  of  1910,  24«)-.'5.) ; 
the  campaign  \wk.  JS4,  jj-, ; 
effect  of  Corrupt  F'ractii'cs 
I-aw  in  (Jrcg»jn.  .'56,  size  of 
ballot,  ^57;  resuh-:  of  voting 
on  different  measures.  J5X- 
J73 ;  general  onclusions,  274- 
27« 
Holman,  Khkuf-RU  k  V  :  The 
Unfavorable  Kesilts  o*-  Di- 
rect Ln.isuATioN  IN  Ore- 
gon, 279-297 :  political  prob- 
lems of  Oregon,  ^79;  Ore- 
gon's lessons  for  t)thcr  states, 
j8o.  281  ;  ten  years  of  direct 
legislation,  282;  its  short- 
comings, 282,  28.1;  siz^-  of 
votes  polled,  284,  2H5 ;  ex- 
amples of  measures  sub- 
mitted to  the  people,  2H6 ;  the 
caM"  of  the  University.  287, 
288,  the  singk-tax  pn>|Hisal. 
288,  289;  other  proposals, 
290,  291 ;  virtual  ab<)lition  of 
trial  by  jury,  291-294;  cum- 
brous nature  of  ballots,  295 ; 
summary  of  results,  296,  2*^7 


llnmr  ridr    charter,    adoption 
of,    by    lefcrenduiii,   in    Mis 
.souri.  95:  in  California  and 
other  states.  95. 

Houston  lex.is.  provision  for 
referendum  in  charter  nf.    1 19 

Illinois,  provision^,  rriatinR  to 
advisory  referendum  in,  u. 
96,  *)7 .  public  opinion  law  in, 
*W;  proposals  to  adopt  m.m- 
dat<)ry  initiative  and  referen- 
dum in,  281,  282. 

Indiana,  adoption  of  advisory 
initiative  by,  101  ;  popular 
approval  of  public  service 
franchises  required  by  laws 
of.    104. 

Initiative  and  Referendum, 
deliiiition  and  early  history 
of,  1-6;  development  of,  in 
the  United  .States,  7  15;  ex 
tension  of,  to  cities,  97-100; 
use  nf,  in  recent  years,  235- 
^56;  part  of  Progressive  pro- 
graniinc,  54-64 

Argumcr.ls  for:  general, 
18-24 ;  ■*•'  eflfective  agency  of 
popular  responsibility,  85- 
90;  not  antagonistic  to  rcp- 
rescntativ,?  government,  146- 
149;  voters  will  no'  act  hast- 
ily, 196-198;  examples  of  im- 
provements secured  by  use  of, 
199-201 ;  as  a  check  on  self- 
ish legislation,  202;  as  an 
agency  of  political  educa- 
tion, 20j;  secures  protection 
against   in&incere   legislation, 


MS 


INDEX 


no,  rdirve*!  Ifgi<;latur«''4 
from  pffssurf  nf  polifiral 
blisses,  jv).  allcKf,!  dviert^ 
are  easily  rtimtfird,  >',io ;  char 
artcr  of  the  nK*<wri^  actn 
ally  Mihtnittrd,  j_^  j^  the 
ex^ricnce  of  Or,  Ron  has 
been    »arisfaclnry,    J7s  J^ti. 

■  hiiHmcHls    iit;(ti».tt:     gt  n 
fral,  .'5+2;  cuiitrari    to  priii- 
ciptfs  ,,f  representative  gdv 
erimunt,   ((rf»  Kig;   wiFI  lower 
the   plane  of   popiili«r  r*"pre 
sentafir.,,,  .7.   ,;8     place,  «<«, 
great  a  burden  on  the  hall..*, 
29,    .?o,    221,    J2J ,    ffftes    not 
weaken   iittliience  of  politieal 
organi/alH.ns.    ,r  ;    American 
experience   with    local    refer- 
enda,   ,??.     IJ.    J(;5,    jg6;    ,Jn<,^ 
not   permit  a   full  expression 
of  electoral  opinion.  40.  2S4, 
2K5;  alM)ii,hos  distinction  be- 
tween constitutional   and  or- 
dinary laws.  41,  i2(),  ,|o;  en- 
courages ill  considered  legis- 
lation, 221  ;  requires  improve- 
ment   in    details,    2i.j;    loose 
and   careless    phraseology   of 
measures       submitted,       2^2 
28.^.   causes   delay   in    urgent 
matters.   287,    j«8;    has    been 
highly  unsatisfactory  in  Ore- 
gon. 289-295. 
Introdi*  TdRv,  by  W.  B    Min- 

RO,  1-51. 
Iowa,  adoption  of  recall  iti.  43 ; 
initiative  and  referendum  on 
franchises  in,  103,   104;  rcia 


tion   of   direct    legislation   to 
i      eowwtt'ston    government    in, 
120. 
1  siEs  OF   Reform    by   \Vn«r>- 
m-w  WiL30N.  ftg-Qi. 

;  Je^^-rson,      Thomas.      pf»litical 
ideas  of.    i6j,   iffy 
Johnson.   Lrwis   Jeromi     Di- 
ke* t       Lki.ISsLATION        A.S       A"< 
AU  V         OK         RKfKri,EN1AiiVK 
GfrtKRNMKNT.      i.wifi.?        the 
need  of  political   rcconstrnc- 
lion.     1.19.     140,     the     fuii.la 
I       mental     defect     of     nuHlern 
legislative     mechanism,      140, 
141  ;    the   [ir.i|KT  channels  r>f 
popular  control,  i4'-i4.<;  the 
Oregon  system.  14+  •  ^ ;  not 
antagonistic  to  representative 
government,    146  149.    actual 
results    f.f   direct    legislation, 
'50,    151 ;    what    the    system 
can  achieve,    151-15,?;   its  re- 
sults    abroad,     154-158;     the 
prohlem     in     America.     159. 
160;  .American  political  ideals 
as  stated   in  the  constitution 
of   .Massachusetts,    161  ;    con- 
clusions.   i6.>.    !6j 
Judiciary,    proposed    recall    of, 

184-186.     .SV,    also  Recall 
Junction    City.    Oregon,    recall 
of  mayor  in.  ,k).1. 


Kan.sas.    advisory   initiative   in. 

Id 
Kansas  City,  home  rule  charter 
system  in,  9.;;  direct  legisla- 
i       tion  and  the  recall  in.  122. 
.?56 


Bk^ss  : 


INDEX 


Labor,   organi/fd.   attitude  of, 
to  direct   leKi^lation,  ,?«.  j6i. 
landfSf^.  trrindf,      Swiss,      dc- 
velo|>ni..,it    of   direct    legisla- 
tioii  idea  in,  !5J. 
Leavi-nworth.   Kan<ias,  referen- 
dum III,  iji. 
Lfgi>,laturf^,  decline  in  capacity 
of.  17;   lack  of  leadership  m. 
18;    present    firesii^e    of,    25; 
centraii/ation  of   responsibil- 
'«y  in.  75 ;  proposed  reorgan 
J/atioii  of,  as   exemplitied   in    \ 
OreKon.    .•4.4-246       .SV,.    also    ! 
Hepresentative  (lovernnient 
Lew, -ton.   l.lalu),  establishment 
of  inituiine  and  referendum 
in,   i„'i  ;  recall   in,  ,?05. 
Limitations,  (onstitutiunal.    See 

(  onstitiitiKiial   Limitations 
Lincoln,      Abraham.      pulitical 
ideas    of.     140.     167;     would 
have   been    subject   to   recall, 
184. 
Lincoln.  Nebraska,  referendum 

in,    105. 
Liquor  laws,  referenda  on,  ,y, 

-^50,  251. 
Ltjpg  Beach.  California,  estab- 
hshments    of    initiative     and 
referendum  in.   no.   1 11  ;  re- 
call  in,    116 
Los  .Angeles,  adoption  of  recall 
in.   42 ;    recall   put    in   opera- 
tion   by,    45;    initiative    and    ' 
referendum    in.    108-114;    re-    ' 
call    of     .Mayor     Harper     in, 
116.  .?o.?.    u'l-.v.S;   procedure 
ni    hling    recall    petitions    in. 

J57 


J'4-316:    removal   nf  a    mu- 
nicipal    councillor     in,     J22, 

Lowell.    .\     Lawkeno::    The 
ReFERCNDI'M    I.N   the   I'niteii 
States.  ij«i-ij«:  the  adapta- 
tion of  an    institution  to   its 
environment.    \jb.    the   early 
use  of  the  constitutional  ref- 
erendum    in     Massachusetts, 
1^7;    its    spread    and    subse- 
quent  development,    i.'8;    its 
extension    to    ordinary    law- 
making, IJ<>;  the  referendum 
in  actual  oneration,    i.<o-ij2; 
its    present    extent.    IJ.MJ5; 
the    experience    of    Oregon, 
'.?5-i.?7;  the  value  of  .Ameri- 
can exjM-rience.  i.^8. 

McCall.  -Samuel   VV  :   Repre- 
.se.vtative  as  acmin.st  dihect 
Le<;islation.      164- igj:      the 
noveuy   of   direct    leRislation 
proposals.  164;  the   'Progres- 
sive"   propaganda.    165;    the 
political    ideas     ui    Madistm 
and     Jefferson.     166;     what 
the    framcrs    of    the    federal 
constitution     sought     to     do. 
ib7,    168;   the   essential    aims 
of  government.  16H:  the  indi- 
vidual   as    the    chief    end    of 
government.    Uio;   the   initia- 
tive   analyzed,    170.    171  ;    the 
Oregon  exfierience,    T72;   the 
Columbia  River  fisheries  em- 
brogho  as   an  example.    17.5; 
relation   of  direct   legislation 


IN'DEX 


m 


1 


to   the    rights   of    minnriticH. 
'74;  K«">i«*ral  shnrUiimiiiKH  of 
the  iiiitialivf,   175,    tj();  limi- 
tatimis    upon   a    free    use   of 
the  referetuhim,  176,  177;  it< 
effeet    in   rcini>vinK   respoiisj 
hilify     from     representatives, 
178;  the  puhtiv-al  in<h(Teren<'e 
"f    the    electorate,     17^;    tlie 
viie   f)f  over-le«islatinn,    180; 
ihe     recall.     181  ;     provisions 
rel.itntg  to  it  in  Arizona  and 
Oremm,    iSj;    its    pernicious 
features,    1XJ-1K4;    the    recall 
of     judges,      185;     the     de- 
mocracy of  Athens.  iWi,  1S7; 
the    experience    of    .Swit/er 
land,  18'Mgi  ;  a  |)lea  for  sane 
methods  of  refill  m.   ujj,   ]()\. 
Mame,     consiitniional     amend 
Tuents    excluded    from    Mope 
of    initiative    in.    in;    present 
arrangements   c<inceHiinK   di 
reet   leKislation   in,    lofi.    154. 
Maryland,  early  use  of  refereii- 
«him  in,  for  adoption  of  stat- 
utes. 6.  ! 
Massachusetts  adoption  of  con-    ' 
-stitution    hy    referendum    111. 
S:  stati>tic-  of  voting  a*  ref 
ereiKia    in,   _i\;    incorporation 
of    cities    hy    referendum    in. 
<).\  'm:    pr-vision    i'.,.-   •■•.lvi<     I 
ory    initiative    in    Ci.nsfitufion    j 
of,    ioi  :    use   of   referendum    j 
in.    in    making    constitutional    \ 
amendments.    127,    1^1,    1  (.> ;    ; 
--uggestion  of  recall  m  origi     j 
nal  cmi'-titiitiou  of.   i^j 


Aieinphis,  use  of  initiative  and 
referendum  on  municipal 
franchises  in.   104 

.Michigan,  home-rule  inove- 
nient  in  cities  of.  05;  advis- 
ory initiative  in,    lot 

Mill.  John  Stuart,  on  popular 
responsibility,  jj. 

Milwaukee,  movement  for  di- 
rect legi-l.i»ion  in,  123. 

.Minnesota.  iKmie-rule  move- 
ment in  cities  of,  gs 

.Mississippi,  use  of  popular  in- 
itiative for  adoption  of  com- 
mission charters  in.    ijj 

Missouri,  restrictions  on  use  of 
initiative  in.  10;  lieginnings 
of  home  rule  charter  move 
nient  f,ir  cities  in.  ^4 ;  refer- 
idiiin  adopted  hy.  i.js;  use 
of   direct    legislation   by,    154. 

.Montana,  limitations  on  use  of 
initiative  petitions  in,  10; 
adoption  of  provisions  for 
direct  !ei4!-iation  by,  io6, 
i.Ki.    154. 

^f  I  .VRO,    VV.     R.  :    iNTRODlt  TORY, 

151:  significance  of  the  di- 
rect legislation  movement, 
I,  2:  reasons  for  its  spread, 
-•-4:  early  examples  of  the 
mitiativc  and  referendum,  5, 
(>;  Use  of  the  constitutional 
refenrJum  6-8;  application 
of  the  mandatory  leferen- 
dnm  to  ordinary  laws,  q; 
marliinery  of  direct  legisla- 
tion, ;o.  11  ,  the  Illinois  sys- 
tem,   !_■ ;   use  of  direct   legis 


358 


INDEX 


lation  in  citiri.   ij.   14;  rila- 
tion  of  the  Hysii-m  to  n-prc- 
•H-ntativc  Kt^vernment,   15-18; 
the      suady      rtrduclmn      in 
IK.wers    of    Icgislatnns,    19, 
20;    arguments    in    favor    of 
the  initiative  and  referemlum. 
J0-J4 ;     arguments      aganist. 
i4\U;      statistics     of     votes 
polled    at    referenda,   ,u.  ^4^, 
nature  of  popular  niterest  in 
referenda,    35,    jO;    electoral 
tendencies.  ,\f)_\i)-  merits  and 
faults  of  direct  lenislatifni  in 
practice.    40-42;     the    recall. 
42-50;    hi-tory   of    the    recall, 
4^,  4.5;  machinery  of  the  re- 
call,   43-45;     the     recall     in 
operation.    44-4'';    ar>;tmu'iits 
for    and    against    the    recall, 
47-S«- 

National  conventions,  election 
<»f  delegates  to,  by  popular 
vote,  55,  i7.<.  174. 

Nationalism      ano      Poitlar    j 
Rule,   hy     Tukouoke    Koose- 
VELT.  52-58  I 

Nebraska,  direct  legislation  in,    | 
•OS  , 

New    England,    direct    legisla-    ' 
tion     i<lea     in    town-nu-eting 
system  of,  153;  use  of  initia-    , 
live  and  referendum  in  cities 
of.   159-162. 

New  Hampshire.  prc)visi(jn  for 
instructing  representatives  in 
constitution  of,  5 ;  use  of  ad- 
visory     initiative      in,      101  ; 


amendment     of    constitution 
by  referendum  in,  127. 
New      Jersey,      agitation      for 
atloption    of    recall    in,   ji6- 

New  Mexico.  referendum 
adopted  l»y,  on  admission  to 
statehood,  y,  135. 

New|)ort.  Rhode  Island,  sys- 
tem of  city  government  in, 
122. 

New  York  City,  reduction  in 
powers  of  municipal  council 
in,  25,  26. 

Nev;Hla,  advisory  initiative  in, 
I       121  ;  referendum  adopted  by, 

Nnniinations,  direct,  as  a  re- 
medial measure,  j8;  jis-ob- 
lems  i>{  party  organization 
j       connected   with,  78-81. 

North  Carolina,  advisory  in- 
itiative in.   101. 

North  Dakota,  direct  legisla- 
tion provisions  adopte.l  by. 
122. 

Norway,  democratic  frame  of 
government  in,  6j. 

Obcrholtzer.  K.  P.,  on  direct 
legislation,    ijg,   i jo. 

Ohio,  advisory  initiative  in. 
loi  ;  use  of  the  referendum 
in.  for  grant  of  franchises, 
104. 

Oklahoma,  requirement  for  in- 
itiative signatures  m,  11 ; 
provisions  against  frequent 
resubmission     of     the     same 


J59 


I.NDliX 


qtie^tinn  to  voters  in  consti- 
tution nf,  1^;  adoption  of  rt-- 
<■•■•"  '".  43,  home  ntlf  for 
ritits  of.  (>5;  iniiiativi-  and 
rtfircnduni  adoptid  by,  loT). 
'O".  IJS;  issne  of  publicity 
panipldi-t  wi,  144-14^.  work 
•iiK  of  direct  ligMation  ni, 
'54 
Omaha,    adoption    of    iniiiaiivr 

aii<l  reffrmdnr,  l>y.  105. 
Oregon,    actual    nse    of    direct 
leKi^l.iiiun    in.    14.    15;    :„i,,p 
tioli    of    recall    by    voters    of, 
4.<.  -IS.  if^-';  home  rnic  move 
"lent    in.    ys;    direct    legHla- 
tion    in.     106.     1.15- 1.,7.     i?*). 
177;  the  recall  arraiiKtmefils 
'".     i.KS:    Corrupt     IVaciiccs 
Act  of.   r44,    145;   state  pub- 
licity pamphlets  of.    144-146; 
measures    adopted    by    direct 
legislation   in.    154.    i8q,   200, 
201.     J04,     205.     JI7.     J.'S-.v;. 
■\U  flF.  258;  probalile  results 
of    recall    arrangements    in, 
iHj;    statistics    of    referenda 
«n.  ars.  224.  283,  286:  extent 
of  representative   lawmaking 
in,  .>o7;  analysis  of  measures 
submitted  to  voters   of.  2^5- 
2-7:  rampaiKU  Ivook  of,  236; 
Peop|,.\      Power      L  e  a  g  u  e 
"f.    2.35.    .'.\6;    constitutional 
amendment     relating    to    ju- 
dicial procedure  in,  j\7,  j^g; 
proposed     reconstruction     of 
legislature  in,  244-246;  direct    | 
legislation  literature  in,  J54; 

.360 


action  n!  voters  on  proposed 
fmpb)vers'    liability    measure 
in.    26.1,    J64;    on    taxation 
measures.  X»5  jAH,   >ummary 
of   results  of   .lircct    legisla- 
tion  in,   27J  J78;   population 
and     p.)litical     problems     of, 
27y;  matter  of  L^mve?  ity  ap- 
propriations    in,     jHj,     288; 
right   .if  fbe   citi/en   to   trial 
by  jury  impaired  by  popular 
vote   in.    J8.,.jg5;   actual   use 
of  recall  in,  .joj;  application 
of    recall    to    judiciary,    .305. 
S,;    also    VfMt   OF  THK    Peo- 
I'LEs    Ri  Lt    I.N    Oreixjn    and 
Unfavorable  Results  of  Di- 
KKiT  Le«;islation  in  Oregon. 

Paine.    Robert    Treat:     The 
Develoi'mfnt  of  Direct  Leg- 
islation    IN     Amerka.    yj- 
«-•-•••    origin   of    the    referen- 
dum,    Q2;     its     relation     to 
American  theories  of  govern- 
fnetH,      9j;      beginnings      in 
America,  94,  95;   the   advis- 
ory  referendum.   96;    use   o£ 
the  referendum  in  cities,  97; 
votes  at  referenda  in  various 
cities.  98-100;  the  referendum 
m    state    constitutions,    101 ; 
referenda  on  ordinances  and 
franchises.     102-104;    spread 
of    direct    legislation    provi- 
sions   in    city    charters.    104- 
no;   initiative  petitions,    11 1. 
112;    the  experience  of   Los 
Angeles.  112-H4;  rise  of  di- 


IN'DKX 


rfct  legislation  in  other  Cali- 
fornia   cities,     115.     1 10;     in 
OrcKon      and      WaHhington. 
116,  117;  in  Iowa,  Idahu  and 
other     states,      118-iJi;     in 
Massachusetts,       uj;       the 
Newport  plan,  ijj;  merits  of 
the  system,   IJ4,  1^5. 
Pamphlets.      See   Publicity. 
P;irtifs,     political,     disiraliility 
«)f,  in  the  conduct  of  repre- 
sentative Kovernment,  Ttt,  77 ; 
nominatinii    machinery    pro- 
vided by.  78;  realignment  of. 
8J.84. 
Pasadena,     California,      direct 
IcKiNiation  in.   iio-iij;  recall 
in,  116. 
Pennsylvania,     provisions     for 
instructing  representative-  in 
the  constitution  of,   5 ;   pres- 
ent  legislative  conditions  in, 
Ji  ;  advisory  initiative  in,  n  1.     1 
People's     Power     League,     in 
Oregon,   work  of,  for  direct    | 
legislation,  jt.is.  ij6.  j 

Petitions,  percentage  of  signa-    ' 
tires  required   for  initiative, 
in  South  Dakota,  9;  in  Ok- 
lahoma, II;  in  various  cities, 
14,   Iff;  difficulty  of  gather- 
ing   signatures    for,    jg.    yt;    ' 
for  setting  the  recall  in  oper-    j 
ation,    43,    J05-307;     proper   I 
number    of    signatures     for,    1 
223;  method  of  obtaining  sig- 
natures for.  282;  withdrawal 
of  signatures  from,  jji ;  the 
experience  of   Seattle  in  the 

M  361 


matter  of  supplementing 
lunnlier  of  signatures  on,  .{jj. 

Plymouth,  Colony  of,  direct 
legislation  idea  in,  15J. 

Portland.  Oregon,  direct  legis- 
lation in,  117.  150.  jiH;  sta- 
tistics of   referenda   in,   .*.*8, 

PnArruAL    VVotKimis   or   riir. 
Initiative  and  Referendi  m 
IN    OnuMN.    by    Joseph    N. 
Teal.  ai7-2jx 
i  Progressive      party,      prf)gram 
I      of.  5.1.  54.  64 
!  "Promise    of    American    Life," 
by  Herbert  Croly,  5.1. 
Proportional        representation, 
I      proposed  in  Oregim,  j.\,\.  Z44. 
Public    Opinion    I^w,    in    Illi- 
nois, 9g. 
Public  Welfare  League,  of  Se- 
j      attle,   work   of,   in    checking 
signatures,    jjj;    part   of,    in 
recall  elections,  jiyb. 
Piblicity,    method    of,    at    di- 
recf  legislation  elections,  n; 
arguments    for    and    against 
submitted     questions     issued 
in  pamphlet  form,  23;  value 
cf,  joj;  various  means  of  se- 
curing,   ao8;    experience    in 
the  matter  of,  in  Oregon,  ajj, 
2.U  2S4. 

Recall,  definition  of.  i ;  origin 
of,  42,  2g8;  development  of, 
in  America,  4.?;  machinery 
of,  44;  actual  use  of,  in 
America,    45,    J01-J04,    323- 


mm 


m 


I\l)l  x 


.US:  34  applied  In  thr  jii- 
fliriary,  HK.  |M,  i«f,;  jn  i  a||. 
f"rni.i  liJuo,  m(>,  ii-;  ml  )r»- 
K'xi.  117,  J115,  an  .iitiilii'il  l>> 
ailtiiiiiitir.ilivt-  onii'i.iU,  hi 
^V^lsllin^^..n.  iiR;  m  M:i<<.|. 
^hllM•ll^,  I4.»;  in  .\ii/in«a, 
iHj;  provision*!  rcl.iltiiit  |o, 
ill  llif  Arlirli  <  of  (  iiiifri|«r;i- 
tion,  jtjS,  pr<ni-i)in-.  .iniinitt 
the  rc-rli-rtion  of  ruallcil  of- 
fiiiaU,  jio;  roii>|i|iii,..nalilv 
"f,  ,i.'i  ;  iiMil  Mu^l•^-.lull\  in 
l.os  Aitj-ilr^,  jji  u'.s;  in  S 
alllr.  .»_■'•  u I 

.li^^ununls  fur:  ciifortiH 
ofliii.il  rt-Npoiisiliilily.  |fi,  ^r ; 
allows  hMiKt|i,iiii)i>  of  otTiii.il 
trrin-..    4S;    tint    hkily    to    li« 

llM'l    illJlnlil|oi|,|y,    H)K;    i|..<i 

not  ri-Hult  in  fr«i|iuiii  lUi- 
tion-!,  .'ij,  analoi;)  of  i.Hir,'- 
hnl.liiiy  lo  privalf  niiploy- 
mnit,  .M  J.  .M5;  iis  Iwiulioial 
rr>.iilts  a**  xliown  \,y  r\|M  ri- 
rnce,  ji>S  ji>-',   .!!-'  JI5 

,>»,yii»H./i/v  af;i>nisl:  ilt-tri- 
nuiiial  ttlV.t  upon  piil))ii-  ni 
liiiil-.  4K,  iH^,  18 1;  pr., liable 
cfTttt  of,  at  critical  P'ThnIs, 
ill  Atnrrican  hi  lory.  iSj;  .m 
staled  ill  prcidfiitial  veto  of 
Ari/oii.i  St  lit li  Ml,!  l!i||,  jij; 
ii^  <\|icnsivciics<(,  jii  ;  the 
<litVnnllics  tu  which  it  leads 
in  np<ration,  .ljfi-.v|0.  I 

:k'  mi,  as  a  Mkasikk.  of  Poi>-    j 
1  I  M<    (uNikOL,    b>     Thomas 
A,  Davis,  jij-jjo.  I 


362 


H»:i  Ml.  IV  Ijtis  ANi.riit«,  !iy 
'    l^lll.^^    I).    \Vii.i,AHii     .pi. 

Uki  AU.  IN  S»ATII»,  l?v  t-BKu 
\V.   ("ATI.E1I.   .»J<>-.HI 

Kki  M.I..  I'sr  ii».  IN  Tiir  I'nitid 

Si  \r»;s.      hv       Mini    kt      I| 
Swan,  j<j8  |i.. 
k.fi  r.  ndiini         S.-,-      liiiliatiNf 
and    kcfci'  iidiiiii. 

K>  f>  MINIM  M  ,,  TMK  iNITKD 
SlMK.s.  Ii>  A  I.AWHKNtK 
i.'ivuil.,    ljf>l.{H. 

Kn-ie»s>.Nl  \TIVr.  AS  Ai,AINi<T 
I'lHIi  r  l.li.l>-l  ATION.  by   SaM- 

I  hi.  .Ml  (  Ai  I.,  itn  luy 
KiprcM-ntaliM'  Knvcrntmiit.  rc- 
l.itioii  i.f.  Id  initiaiuc  and 
nfirriidiini,  14;  diihciiliuH 
in  the  way  of  JcKislatioii 
under.  Ji.  .'_',  iriK  latiiri'  of, 
accordiiiK  to  iMiiniiiid  Hnrkr. 
jX :  relation  of  recall  to.  17; 
nl.ilion  -f.  to  votrr>i,  (m,  6|  ; 
pii<.%iMc  rffict  of  (liiei't  li  K 
islatioii  on.  1  j;,   1.4.S    if,;  i*,^^ 

iO.I,   .f)\.    JJI,    j.u* 
Kivtr^idc.      <  alifnrnia,      direct 
leKislalioii    in,     tio-iij.    115; 
recall   in,   1 16, 

KdosKVKIi.         rilF.onUKK:         Na- 
IIONAI.ISM  ANU         I'oiMIAK 

RriF.  5.'fi«:  the  nieaiiiiiK  of 
nationalism,  jj,  5.?,  the  lued 
for  a  progressive  n.Hional 
policy,  5.1,  54;  a  programme 
of  progress,  nj.  55;  tin-  value 
of  the  initiali\e  .ind  refeien- 
<lnni.    5«isW;    the    experience 


IN'DFA' 


"f  Orcjjon,  5v;  ihf  fault*  <<f 
rr|>rf>«iitalivr  IrKinlalioii  in 
praitKi  ,  f*y(tj.  IIm?  Ir^vitu 
of  fn\|..r)',  6j.  64.  thr  end* 
whuh  ilirtvi  IrKiiKituMt  will 
athirvf,  65  fiH. 

Sarr;irncnto.    talifcirna.    (|irr«t 

l«-Ki«laliiin  m,   iio-iij 
San    Aiifdiii.i.    I'rxas,   rrfrrm- 

duni  It).   I  ii> 
San  KrmantiiKi,  ("alifnniM.  rr 

call   of   iiiiim-ilnii'ii    m,    joj; 

ilirrtt  Iruislalinii  m.  no,   111  ; 

rrcall  in,   1 16 
San    DirK'N    California,    dirnt 

I'UKlatii.ii  atxl  mail  adopti-d 

t.v.   no.   III,    lift.   11- 
San     Fraiuiscn.    initiative    and 

rrfrrendiiin  in.  107.  iciN,   1 1 1  ; 

ricall  in,   1 16. 

Santa    Cruz,    California,   dirn-t 

lcgi<ilation  in.   ito  ?i.»;  rnall 

adopted  by,    1 16 
Santa    Monica,    California,    di 

rrct  IfKislation  and  r«'call  «-n 

tablished  in,  no  iij,  116 
Seattle,  u*c  of  recall  in,  44.  45, 

tr?,  n«,  .104.  .u-fi.yi 
Senators,    popular   election    of. 

54.  55.  «».  67. 
Sioux  City.  Iowa,  ilirect  Iikin- 

lation  and  recall  established    | 

in.   I  JO. 

Sioux  Falls.  South  Dakota,  in- 
itiative, referendum  and  re- 
call adopted  111  charter  of. 
131. 


36.1 


SiH-M-RA    AND    LlTISATCkl.    J4J. 
.VI7 

South  Dakota,  initiative  and 
r<  frrrtHliitn  fir»t  applied  in 
ordinary  law«  in,  y.  restric- 
tion* on  u«e  of  initiative  pe- 
titirms  in,  10;  adoption  of 
rccill  by.  4J;  nature  of  Ital- 
lot  used  in,  i,»fi,  rx|H-rieiH-e 
of.  with  ilircct  leRi«ltiion. 
•54 
Spokane.     VVa-hinKlon,     refer 

endiitn  in.  iiH 
St     f.tseph.   Missouri.  aRitation 
for  direct   leKisl.itioii  m,   ijj, 
nature  of  rrcall  procedure  c» 
t.ihlishei|  In.  jn5 
St     l.oiii>.  experieiiie    of.    as   a 

home  rule  charter  city,  <« 
Sialutes,    multiplication    of.    by 
ii'-p  of  the  initiative,  lyi,  lyji. 
Swan,   IlKUHfRr   S.    The   Umc 

or       THr       RflAII.       IN       TIIR 

UNitro  Statks,  jg8-jij;  ori- 
Ifin  of  the  recall.  jqK;  theory 
on   which   its  use  rests,  .>«xj; 
the    intidelity    of   representa- 
tives, joo;   value  of  the  re- 
'■all,  .toi :  does  not  interfere 
with    efficient    officers,    .^oj; 
use  of  the  recall,  in  San  Ber- 
nardino   and     Lns    Angeles, 
}0.\:    other    examples,    .v)j. 
.105;   safeguards  surroumliiiK 
the    recall,    .106.    .107;    recall 
machinery.  .^07,  .»8;  the  fill- 
ing  of  unexpired  terms,  300. 
,110;  objections  111  the  recall, 
jn ;    Its    service    In    improv- 


MICROCOPY   MSOIUTION   TiST  CHART 

.ANSI  and  ISO  TEST  CHART  No    2l 


1.0 


I.I 


1.25 


IS 


38 


1^ 

t  1^ 


1.4 


112.5 
2.2 

2.0 
1.8 

1.6 


^^  'bbS    [as!    Main   SIri-fl 

r«S  Rochester.    New    I'ofh         '^609       USA 

.^S  ('16)    ".82    -  0300      Phone 

^=  (716)   288  -  5989  -  ro< 


INDEX 


ing  municipal  government, 
3ia. 
Switzerland,  early  experience 
with  referendum  in,  31,  jj; 
compulsory  voting  in  cantons 
of,  32;  origin  of  recall  in. 
42;  results  of  direct  legisla- 
tion in.  59.  154;  as  a  suc- 
cessful democracy,  155-158, 
189-191. 

Tacoma,    Washington,    use    of 
recall    in,    304;    removal    of 
Mayor   Fawcett   in,  309. 
Taxation,   action   of  electorate 

in  matters  of,  288,  289. 
Teal,  Joseph  N.  (of  Portland, 
Oregon) :     The     Practical 
Workings  of  the  Initiative 
AND  Referendum  in  Oregon. 
217-232;  beginnings  of  agita- 
tion for  direct  legislation  in 
Oregon,    217;     adoption    of 
the  system,  217,  218;  exten- 
sion  to  cities,  218;    reasons 
for    favorable    action,    219; 
objections  to   direct   legisla- 
tion   stated    and    answered, 
220,  r!2i;  changes  suggested 
in  system.  222,  223;  illustra- 
tion of  measures  submitted, 
224;  nature  of  proposals  de- 
feated,  225,  226;    nature   of 
proposals  adopted,  227,  228; 
municipal     ordinances     sub- 
mitted in  Oregon,  228,  229; 
general  workings  of  system. 
230,  23T ;  its  relation  to  rep- 
resentative government,  232. 


364 


Tennessee,  advisory  initiative 
in,  loi. 

Texas,  use  of  referendum  on 
matters  of  party  policy  by, 
12;  direct  legislation  in,  no, 
III. 

Toronto,  Canada,  use  of  ad- 
visory referendum  by,  100. 

Town  government,  in  New 
England,  the  referendum  as 
an  essential  feature  of,  24. 
63.  7^- 

Unfavorable  Results  of  Di- 
rect Legislation  in  Oregon, 
by  Frederick  J.  Hulman, 
279-297- 

Use  of  the  Recall  in  the 
United  States,  by  Herbert 
S.  Swan,  298-312. 

Utah,  adoption  of  initiative 
and  referendum  in,  9,  135. 

Vallejo,  California,  initiative 
in,  108,  III ;  recall  in,  116. 

Vanderburg,  Senator,  resolu- 
tion introduced  in  Oregon 
legislature  by,  217. 

Vermont,  advisory  initiative  in, 

lOI. 

Victoria,  British  Columbia,  use 
of  referendum  in,  100. 

Vidette.  The,  its  early  ad- 
vocacy of  direct  legislation 
in  Oregon,  217. 

Voters'  League,  of  Los  An- 
geles, 113. 

Voting,  preferential,  20. 


INDEX 


Waco,  Texas,  use  of  referen- 
dum in,  MQ. 
Washington,  state  of,  adoption 
of  recall  in,  43,  118;  direct 
legislation  in,  117,  ti8;  mu- 
nicipal officials  recalled  in, 
304. 
Wichita,    Kansas,     referendum 

provision  in,  121. 
Wilmington,  Delaware,  provi- 
sions for  initiative  and  refer- 
endum in,  101-103. 
Wilson,  WooDRow :  The  Issues 
OF  Reform,  69-91 :  deteriora- 
tion of  representative  ma- 
chinery, 69,  70;  old  formulas 
of  government,  71,  72;  the 
irresponsibility  of  governing 
organs,  73,  74;  the  absence 
of  real  legislative  leadership, 
75;  public  opinio!  and  po- 
litical parties,  71-77;  defects 
of  present-day  nominating 
machinery,  78,  79;  bossism 
in  politics,  80;  the  American 


political  awakening,  81,  &i; 
the  opportunity  it  atTords,  8j, 
84;  the  remedies,  85,  86;  di- 
rect legislation  as  an  eflfec- 
tive  agency  of  popular  re- 
sponsibility, 87;  the  recall, 
88;  the  curbing  of  privilege, 
89,  90. 

On  merits  of  direct  legisla- 
tion, 174,  175. 

Winnetka,  Illinois,  system  of 
ple<lging  candidates  in,  96. 

Wisr.<nsin,  progressive  legisla- 
tion in,  54;  use  of  initiative 
in,  122,   1 2 J. 

Woman  suflFr  i{e,  in  Oregon, 
253 ;  eflFect  of,  in  Seattle,  332. 

Year  of  the  People's  Rule 
IN  Ore(;on,  by  George  H. 
Havnes,  233-278. 

Zurich,  Canton  of,  in  Swit'er- 
land,  direct  legislation  in, 
157- 


0) 


^^-  '  fl 


NATIONAL  MUNICIPAL  LEAGUE  SERIES 
Edited  by  CLINTON  ROGERS  WOODRUFF 

Sccreury  of  the  National  Municipi  I  Leagua 


i2mo.     Cloth, 


City  Government  By  Commission 

Kdited  by  Clinton  Rockrs  VVoodrufk. 
J  1. 50  net;  by  mail,  I1.62. 

The  Initiative,  Referendum,  and  Recall 

Edited  by  William   Bennett  Munro,  Assistant  Pro- 
fessor  of  Government  in   Harvard  University.     12010 
Cloth,  I1.50  net;  by  mail,  ;Ji.62. 

^J^^lZtT^J^Z'T^J^rl'^'^n^^^^^^^^  «•«  ■"•«»'"'»  o'  direct 

eminent  imhli,u.."?'.riLl.i"-Vi'l  A"  !"«.."■''''"•'    Municipal    League   by  tuch 

iJrow  Wi 


Ison, 
and 


H^'yi'l^rRotn'TreitKrnVlindmg;?."'"'"  ^^^"''  »''°'«-"  J"*""'-" 

The  Regulation  of  Municipal  Utilities 

Kdited  by  Clyde  L.  King,  of  the  Wharton  School  of 
l-inance  and  Commerce,  University  of  Pennsylvania, 
lamo.     Cloth,  1 1. 50  net;  by  mail,  1 1. 62. 

of  .he  atVciub'of  Kan»,'ci  v?r^li  "l^.i^V'tllA:.  ISY..^:  P"«"..  »'^"'deni 


Of  .he  atvC^b  of  Kansa.  C^^^^H.  East^;sl^^;.- ^  ^  ^  f^JJis^f^ 
H.  Whitten,  of  Public  Service  Commission  No.  iVind 


of  Hoston;  Dr.  Robert 
others. 


D.    APPLETON     AND    COMPANY 


r:^r 


49S 


ai.iw'^xsrwn^^ '- "-  --^''  »*  '^--*«"  ««*'  cc 


The  Southern  South 

Bv  Albkrt  HusHNnix  Hart,  LL  D  .  PhD.,  Liti.I)., 
Professor  of  Hisi  y  at  Harvard  University  ;  President 
American  Historical  Association.  With  colored  map. 
i2mo.     Cloth,  ^[1.50  net. 

"  Mr.  Hart  chooses  as  his  field  the  far  South,  purer  in 
Southern  strain  than  the  m.xlified  Iwrderland  Ijetween  North 
and  South.     0-t  of  its  foundation  of  climate,  soil  and  toiK)«. 
raphy  are  rapidly  drawn  occupation,  habit,  disposition,  out- 
look and  temijerament  of  the  Southern  inxiple.      I'his  is  the 
|.resent  common  highway  of  investigation,  yet  not  all  set  out 
so  briskly,  or  make  so  straight  a  couree,  or  attract  so  close 
attention  m  the  passage.     The  ))eople  are  themselves  classified 
snarply  as  w  utes  and  negroes.     An  examination  and  discussion 
of  the  Southern  tem|)erament,  i«ychologically  and  historically 
baoed,  makes  a  chapter  of  deep  interest,  that  of  the  character 
of  the  negro  another.    The  remainder  of  the  study  is  given  iin 
to  the  supreme  problem  of  the  relation  of  the  races  in  the 
economic  and  moral  development  of  the  South.     The  negro 
at  home  and   in  industry;  race  as.sociation  and  separation; 
white  and  negro  education ;  crime,  and  i)eonage,  are  among 
the  pertinent  and  pressing  subjects  brought  out  here  in  a  fair- 
minded,  unevasive  s|)irit,  buttressed  by  official  evidence  and 
personal  research." ~lVasAiag/o,i  Star. 

"  One  of  the  most  important  books  on  this  issue  that  has 
been  pub  ished  in  recent  years.  ...  It  is  a  broad-minded, 
thoughtful  inquiry  that  covers  the  whole  field  pretty  thoroughly, 
which  considers  the  Southern  view  very  fully,  and  incidentally 
brings  out  the  Northern  viewpoint  so  far  a-^  it  finds  present 
exprwsion.  His  inquiry  includes  some  features  of  the  problem 
tiot  often  considered."— Brookfyn  £aj^/f. 


D  .     APPLE T O  N     & 

«73 


COMPANY,      NKW     YORK 


i 


